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HomeMy WebLinkAboutContract 61490Date Received: 6/3/2024 Time Received: 10:5 0 a.m. Record Number: PN24-00043 City Secretary No.: 61490 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Bomac Mc Alister Investments, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 12851 South Freeway, Fort Worth, Texas 76028 ("Property"), being more particularly described as, tracts of land situated in the Sarah Gray Survey, Abstract No. 558 and the Joseph Martin Survey, Abstract No. 1017, as recorded in Deed Records, by Instrument Numbers D216244121 and D216244110, in Tarrant County, Texas, and; WHEREAS, the City owns a wastewater and water easements (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-23-225; 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 storm lines, sewer and light poles (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 11 CITY SECRETARY Revised 12/2022 FT. WORTH, TX responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infiinge 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 duly authorized representative. Any such removal of the Encroachment shall be in Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the 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. U LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS Tier II Easement Encroachment Agreement Page 3 of I I Revised 12/2022 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 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. Tier II Easement Encroachment Agreement Page 4 of I 1 Revised 12/2022 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 I I 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: Dalton HarrelVay31, 202414:48CDT) D.J. Harrell, Director of the Development Services Department Date: May 31, 2024 a4gn ATTEST: oa Pig °°e%1P /i.�./L OdOngnE6og44 Jannette Goodall, City Secretary Date: Jun 3, 2024 Licensee: Bomac McAlister Investments, LLC a Texas limited liability company By: , Y Name: Br ord H. Bowen Title: Manager Date: 22, ZDZ Approved As To Form and Legality Jeremy Anato Mensah Assistant City Attorney Date: May 31, 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. kebecca. Dlr ..a Owen Rebecca Diane Owen (May 31, 2024 14:43 CDT) Rebecca Owen Development Services Date: May 31, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 11 Revised 12/2022 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 31st day of May 2024 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 Il Easement Encroachment Agreement Page 8 of I I Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of °°i"xo,� , on this day personally appeared Bradford H. Bowen, 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 Bomac McAlister Investments, LLC, a Texas limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?tad day of A4 , 20 2q . Nofary Public in and for the State of Txa,� ov�veceeccec�tf JACOB HEFFERN Notary Public, State of Texas My Comm. Exp. 07-30-2027 ID No. 132,10930-5 ccccccteccccccv�c Tier It Easement Encroachment Agreement Page 9 of I I Revised 12l2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 ITIM.I1 111110111111 / 10 CROWLEY PLOVER I I� ROAD /X110— VICINITY MAP I NOT—TO—SCALE;INQ o z o r� I.'Cm. W 0 ION (nI v 12 ~ I- 1 Z_ I 1 W, RENDON CROWLEY ROAD i II I p MCALISTER jROAD 1 � 1 � 3 I o p I �I �0 sT ITGP� �\yp I 0 T 00G 11 10 01 y CITY PROJECT NO. MAPSCO NO. COUNCIL DISTRICT UWNER: BOMAC SOUTH INVESTMENTS, LLC 450 NORTH KIMBALL AVENUE, SUITE 100 SOUTHLAKE, TX 76092 DEVELOPER: BOMAC SOUTH INVESTMENTS, LLC 450 NORTH KIMBALL AVENUE, SUITE 100 SOUTHLAKE, TX 76092 KEVIN McINTOSH (214)-986-6351 OAK GROVE ROAD o 0 Of o Li z 0 0 c� Y O E. RENDON CROWLEY ROAD SITE OAKGROVE ROAD HARDGROVE LANE HARDGROVE LANE 104889 119P 8 VICINITY MAP ullWinkelmann & Associates, Inc. SOUTH TRACT OF MCAUSTER RD. CONSULTING CIVIL ENGINEERS ■ SURVEYORS & I-35W 6750 HILLCREST PLAZA NNE, SUITE 215 OALLAS, TEXAS 75230 (972) 490-7099 TAX CPN. 104889 WILL WINXELMANN (972) 490-7090 x203 FORT WORTH, TEXAS Scale : N/A I Date : 01/02/2024 ri LINE TABLE LINE # BEARING DISTANCE L1 N89052'22"E 15.00' L2 S00007'38"E 10.00' L3 S89052'22"W 15.00' L4 S00°07'38"E 22.67' 0 r 1CO ; rn nT v�i c7 � _o o0 POINT (7F BEGINNING PEoD SSLIH 1, u Lu co d- L 0 00 xz 30.00' N00°06'1 2: f zo m Z� M Z r*I(A; Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCREST PLAZA DRIVE, SUITE 2" (972) 490-7090 DAt1A5, TEXAS 7525G (972) 490-7099 FAX Texas Engineers Registneton No. 89 Texas Surveyors No. 10086600 Expires 12-31-2024 COPYRIGHT c0 2024, Winkelmann 8 Associates, Inc. Scale: 1:40 Date : 04.05.24 DWq. File : 78501.00- Encroachment NO 1. Agreement Exhibit Proiect No.: 77302.00 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO 1. Agreement Exhibit.dwg l'AUL7 1 r]_-(tl- � Z rn 80 Scale 1 "=40' L PROPOSED LOT 1 1.372 AC. (59,759 S.F.) ENCROACHMENT NO. 1 0.202 AC. �(8,809 S.F.) 1& PRIVATE DRAINAGE EASEMENT BY PLAT _r r w 135.68'99 N _ _ O N O In to 0 ME O 2 N �-� S00007'38"E 133.012' 00 UE - I ENCROACHMENT NO. 1 AGREEMENT EXHIBIT SHEET 0.202 ACRES (8,809 SQ. FT.) BOMAC MCALISTER INVESTMENTS, LLC OF 450 N. KIMBALL AVE., SUITE 100 2 SOUTHLAKE,TEXAS 76092 ENCROACHMENT NO. 1 AGREEMENT EXHIBIT STATE OF TEXAS § COUNTY OF TARRANT § Whereas, BOMAC MCALISTER INVESTMENTS, LLC is the owners of land situated in the SARAH GRAY SURVEY, ABSTRACT NO. 558 and the JOSEPH MARTIN SURVEY, ABSTRACT NO. 1017, City of Fort Worth, Tarrant County, Texas and being all of a called 1.8131 acre and a portion of 1.1377 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D216244121 of the Official Public Records of Tarrant County, Texas, and being all of a 0.0023 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D219001984 of the Official Public Records of Tarrant County, Texas, and also the 1.1377 acre tract described in deed to BOMAC MCALISTER INVESTMENTS, LLC, described in deed in County Clerk's file No. D216244110 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 1890" set for the Southeast corner of aforesaid 1.8131 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC; THENCE North 89 degrees 53 minutes 43 seconds East, a distance of 220.80 feet to a point for corner; THENCE departing the North line of aforesaid HARRIS PARTNERSHIP tract common with the south line of aforesaid 1.8131 acre BOMAC MCALISTER INVESTMENTS, LLC, the following courses and distances: North 00 degrees 06 minutes 17 seconds West, a distance of 30.00 feet to a point for corner; North 89 seconds 53 minutes 43 seconds East, a distance of 205.79 feet to a point for corner; North 00 degrees 07 minutes 38 seconds West, a distance of 135.68 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 15.00 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 133.02 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 15.00 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 10.00 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 15.00 feet to a point for corner; South 00 seconds 07 minutes 38 seconds East, a distance of 22.67 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.202 acres or 8,809 square feet of land, more or less. vWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCRESF PLAZA WIFE. SUITE 216 972 490-7090 DALIAS, TEXAS 75M 972 490-7092 FAX Texas Engineers Registratlon No. 89 Texas Surveyors No. 10086600 Expires 12-31-2024 COPYRIGHT© 2024, Winkelmann 8 Associates, Inc. Scale: NIA Date : 04.0524 DwQ. File ; 78501.00- Encroachment NO 1. Agreement Exhibit Project No.: 77302.oc ENCROACHMENT NO. 1 AGREEMENT EXHIBIT SHEET 0.202 ACRES (8,809 SQ. FT.) BOMAC MCALISTER INVESTMENTS, LLC OF 450 N. KIMBALL AVE., SUITE 100 2 SOUTHLAKE,TEXAS 76092 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO 1. Agreement Exhibit.dwg 1_ 1 m p' 50' 100' PROPOSED I I Scale 1"=50' LOT1 I PROPOSED I PROPOSED LOT 3 1.372 AC. LOT 2 1 A (59,759 S.F.) I 0.929 AC. 0.588 AC. I (40,489 S.F.) (25,595 S.F.) 15' PRIVATE DRAINAGE I I 15' WATER EASEMENT EASEMENT BY PLAT ENCROACHMENT NO.21 BY PLAT I I I 0.083 AC. 44.18 (3,603 S.F.) _ N00-07'383�W . ,, I I Cn N �7 SEWER FACILITY 'IT L0 _EASEMENT AGREEMENT (0 ° N INST#0220008400 0� 300°07'38"E — — 18.00' T KT4 WCOR oxcmC DWYE RY c PANY, — r 04T (WST. NO. DU0099776) I t 1 I =MENT 12 I N00007'38"W 90.2 ' r / --------J L� / S00007138"E _ L2r I— — V�--- � >!9i iI) L4 J —'-EASEMENT AGREEMENT r. INCT$n970009173 M N 00007138" W \\ —15' SANITARY ER EASE 166.01' L — — NS LOD2ZQQ760 1 — — 7— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — S00°07'38"EJ — — �c Ac EScol,)sTRucnoNm REIMBURSEMENT AGREEMENT i 10.00, �ccFs219001985 S89°52'22"W POINT OF POINT OF 49.15' BEGINNING ICOMMENCING'; N I LINE TABLE LINE TABLE LINE # BEARING DISTANCE LINE # BEARING DISTANCE L1 S89°52'22"W 23.00' L6 S44052'22"W 5.56' L2 S00007'38"E 20.86' L7 S00007'38"E 19.96' ° 1 ro L3 N89°52'22"E 8.00' L8 N44052'22"E 14.14' L4 S00007'38"E 10.00, L9 N89052'22"E 15.00' L5 S89052'22"W 8.00' I vWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HRUCREST PLAZA DRIVE, SURE 213 (972) 490-7090 DMLAS, TEXAS 7SZ30 972 490-7099 FAX Texas Engineers Regls"a on No. 89 Texas Surveyors No, 10086600 Expires 12-31-2024 COPYRIGHTO 2024. Winkelmann & Associates, Inc. ENCROACHMENT NO. 2 AGREEMENT EXHIBIT 0.083 ACRES (3,603 SQ. FT.) Scale: 1:50 BOMAC MCALISTER INVESTMENTS, LLC Date: 04.05.24 450 N. KIMBALL AVE., SUITE 100 Dwo. File: 78501.00-Encroachment NO. 2 Agreement Exhibit 2 SOUTHLAKE,TEXAS 76092 Proiect No.: 77302.00 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO. 2 Agreement Exhibit 2.dwg SHEET 1 OF 3 ENCROACHMENT NO. 2 AGREEMENT EXHIBIT STATE OF TEXAS § COUNTY OF TARRANT § Whereas, BOMAC MCALISTER INVESTMENTS, LLC is the owners of land situated in the SARAH GRAY SURVEY, ABSTRACT NO. 558 and the JOSEPH MARTIN SURVEY, ABSTRACT NO. 1017, City of Fort Worth, Tarrant County, Texas and being all of a called 1.8131 acre and a portion of 1.1377 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D216244121 of the Official Public Records of Tarrant County, Texas, and being all of a 0.0023 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D219001984 of the Official Public Records of Tarrant County, Texas, and also the 1.1377 acre tract described in deed to BOMAC MCALISTER INVESTMENTS, LLC, described in deed in County Clerk's file No. D216244110 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 1890" set for the Northeast corner of aforesaid 0.0023 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D216244121 of the Official Public Records of Tarrant County, Texas; THENCE South 00 degrees 07 minutes 38 seconds East and following the west line of a tract of land described in deed to SW Fort Worth Land, LLC by deed recorded in document No. D222007623 of the Official Public Records of Tarrant County, Texas for a distance of 166.01 feet to a point for corner; BEGINNING and departing the west line of a tract of land described in deed to SW Fort Worth Land, LLC by deed recorded in document No. D222007623 of the Official Public Records of Tarrant County, Texas the following courses and distances: South 89 degrees 52 minutes 22 seconds West, a distance of 23.00 feet to a point for corner; South 00 seconds 07 minutes 38 seconds East, a distance of 28.86 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 8.00 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 10.00 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 8.00 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 61.64 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 39.15 feet to a point for corner; CONTINUED ON NEXT PAGE Winkelmann OF 450 N. KIMBALL AVE., SUITE 100 3 SOUTHLAKE,TEXAS 76092 & Associates, Inc. CONSULTING CIVIL ENGINEERS ■SURVEYORS E780 HILI.CRESf PLAZA DRIYE, SURE 215 (972) 490-7090 DAIl/S, TOGS 73230 872 490-7090 FAX Texas Engineers Reglsuatlon No. 89 Texas Surveyors No. 10086600 Expires 12-31-2024 COPYRIGHT© 2023, Winkelmann 8 Associates, Inc. Scale: N/A ENCROACHMENT NO. 2 AGREEMENT EXHIBIT SHEET 0.083 ACRES (3,603 SQ. FT.) 2 ENCROACHMENT NO. 2 AGREEMENT EXHIBIT STATE OF TEXAS § COUNTY OF TARRANT § South 00 degrees 07 minutes 38 seconds East, a distance of 10.00 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 45.21 feet to a point for corner; South 44 degrees 52 minutes 22 seconds West, a distance of 5.56 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 19.96 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 49.15 feet to a point for corner; South 00 degrees 07 minutes 38 seconds East, a distance of 18.00 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 64.15 feet to a point for corner; North 00 degrees 07 minutes 38 seconds West, a distance of 44.18 feet to a point for corner; South 44 degrees 52 minutes 22 seconds East, a distance of 14.14 feet to a point for corner; North 00 degrees 07 minutes 38 seconds West, a distance of 90.22 feet to a point for corner; North 89 seconds 52 minutes 22 seconds East, a distance of 15.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.083 acres or 3,603 square feet of land, more or less. Winkelmann IN/ & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 8750 NILLCREST PLAZA DRW. SURE 215 (972) 490-7090 DALLAS, TEXAS 752" (972) 490-7099 FAX Texas Engineers Regislr0on No. 89 Texas Surveyors No. 100866GO Expires 12-31-2024 COPYRIGHTO 2023, Winkelmann & Assodates, Inc. Scale : NSA Date : 04.05.24 Dwq. File : 78501.00- Encroachment NO.2 Agreement Exhibit 2 Proiect No.: 77302.00 ENCROACHMENT NO. 2 AGREEMENT EXHIBIT 0.083 ACRES (3,603 SQ. FT.) BOMAC MCALISTER INVESTMENTS, LLC 450 N. KIMBALL AVE., SUITE 100 SOUTHLAKE,TEXAS 76092 SHEET 3 OF 3 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO. 2 Agreement Exhibit 2.dwg 1`0 M 15'WATER EASEMENT I 0 < BY PLAT cn'A' , PROPOSED LOT Y, 301 60' 0.929 AC. (40,489 S.F.) Scale 1"=30' 0 0-) 00 ENCROACHMENT NO. 3 j I (� (_ - — 0.031 AC. (1,363 S.F.) —SEWER--—FAr—I I I —TY 'Z'EASEMENT AGREEMENT IW;T#D9qnnnR173 N 00007'38" W --------------------- LO 0-1 .-j wv: 6FH tK -5;n L3 VAIER MH r oo� -i 59.06' 011y POINT OF COMMENCING 2u) 1 LnMW jK:M 30' ACCESS, z*z M *� CONSTRUCTION OZM LINE TABLE REIMBURSEMENT AGREEMENT 0>�2 0 (EASEMENT C-2) 0M LINE # BEARING DISTANCE CCF#219001985 COP 02 02 M Ll N89052'22"E 16.15' Mz b Cy! 0' L2 S00007'38"E 10.00, L3 N00007'41 "W 21,97' LINE TABLE POINT OF Nrom ;;u BEGINNING J:00 T L4 N45'07'38"W 7.86' LINE # BEARING DISTANCE "I M 0) K L5 S89052'22"W 18.90, L7 N89'52'22"E 6.50 C4 Z M cy). L6 N51 000'07"E 23.90' L8 N89'52'22"E 7.61 ifWinkelmann ENCROACHMENT NO. 3 & Associates, Inc. AGREEMENT EXHIBIT SHEET CONSULTING CIVIL ENGINEERS a SURVEYORS 0750 HILLCREST PLAZA DFM SUITE 215 J972 490-7090 0.031 ACRES DALLAS. TEXAS 75230 972� 490-7099 FAX Texas Engineors Raqstn�ti- N.. 89 (1,363 SQ. FT.) Taxes S.,.y— No. 10086600 Expires 12-31-2024 COPYRIGHT 4) 2024, Winkelmann & A—vates, Inc. OF Scale: 1:30 BOMAC MCALISTER INVESTMENTS, LLC Date: 04.05-24 450 N. KIMBALL AVE,, SUITE 100 2 Dw.Q.File: 78501-OC- Encroachment NO. 3 Agreement Exhibit 3 SOUTHLAKEJEXAS 76092 Proiect No.: 77302.00 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO. 3 Agreement Exhibit 3.dwg ENCROACHMENT NO. 3 AGREEMENT EXHIBIT STATE OF TEXAS § COUNTY OF TARRANT § Whereas, BOMAC MCALISTER INVESTMENTS, LLC is the owners of land situated in the SARAH GRAY SURVEY, ABSTRACT NO. 558 and the JOSEPH MARTIN SURVEY, ABSTRACT NO. 1017, City of Fort Worth, Tarrant County, Texas and being all of a called 1.8131 acre and a portion of 1.1377 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D216244121 of the Official Public Records of Tarrant County, Texas, and being all of a 0.0023 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D219001984 of the Official Public Records of Tarrant County, Texas, and also the 1.1377 acre tract described in deed to BOMAC MCALISTER INVESTMENTS, LLC, described in deed in County Clerk's file No. D216244110 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 1890" set for the Northeast corner of aforesaid 0.0023 acre tract of land described in deed to BOMAC MCALISTER INVESTMENTS, LLC and recorded in County Clerks file No. D216244121 of the Official Public Records of Tarrant County, Texas; THENCE North 00 degrees 07 minutes 38 seconds West and following the west line of a tract of land described in deed to SW Fort Worth Land, LLC by deed recorded in document No. D222007623 of the Official Public Records of Tarrant County, Texas for a distance of 59.06 feet to the POINT OF BEGINNING; THENCE departing the west line of a tract of land described in deed to SW Fort Worth Land, LLC by deed recorded in document No. D222007623 of the Official Public Records of Tarrant County, Texas the following courses and distances: North 89 degrees 52 minutes 22 seconds East, a distance of 16.15 feet to a point for corner; South 00 seconds 07 minutes 38 seconds East, a distance of 10.00 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 59.94 feet to a point for corner; North 00 degrees 07 minutes 41 seconds West, a distance of 21.97 feet to a point for corner; North 45 degrees 07 minutes 38 seconds West, a distance of 7.86 feet to a point for corner; South 89 degrees 52 minutes 22 seconds West, a distance of 18.90 feet to a point for corner; North 51 degrees 00 minutes 07 seconds East, a distance of 23.90 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 6.50 feet to a point for corner; North 89 degrees 52 minutes 22 seconds East, a distance of 7.61 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.031 acres or 1,363 square feet of land, more or less. 11YWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS IN SURVEYORS 6750 HIU.CRESr KA7A DMT- SUrTE 213 (972) 490-7020 DAUAS, TEXAS 73230 (972) 400-7099 rAX Texas Engineers Registrallon No. 89 Texas Suweyws No. 10086600 Exptres 12-31-2024 COPYRIGHT © 2024, Winkelmann 8 Asso Wla , Inc. Scale : NIA Date : 04.05.24 Dwo. File : 78501.00- Encroachment NO. 3 Agreement Exhibit 3 Proiect No.: 77302.00 ENCROACHMENT NO. 3 AGREEMENT EXHIBIT SHEET 0.031 ACRES 2 (1,363 SQ. FT.) BOMAC MCALISTER INVESTMENTS, LLC OF 450 N. KIMBALL AVE., SUITE 100 2 SOUTHLAKE,TEXAS 76092 G:\785\01\OC\SURVEY\Easements\78501.00- Encroachment NO, 3 Agreement Exhibit 3.dwg --- _ I EWER FACILItt — — •. ASEMENT AGREEMENT •. • .• •. •N �\ ItisT/D220008002 - I E W JENCROACHMENT NO. 3----A.- c % LII " -Ky. : - L U ,5 � I '' "� 1 R__ 0' 30' 60' 3 j� 0.929 A 0._ rt I� ale I R fE I I =W� A I n4 1 "=60' Ul �_,• \�_� .. to I � I � Ian-'" I w� LEGEND I S I I I QTAA� I I EX. PUBLIC SWR LINE —Darn :.rn— �� I T. SEE SHEET 3 w� I I CPNSM02205 X-26197 --------- PUBLIC WTR LINE -- CPN: 104889 X-27801 PRIVATE STM LINE I SEE SHEET 2 1 PRIVATE SWR LINE PRIVATE WTR LINE JENCROACHMENT NO, 2 Y I I - - - - - - - - - ENCROACHMENT AREA l L 0 T 2 �I BOUNDARY LINE 0.588 A C. I I (25 595 S. F. > a r- 31 D -I _ _ ark 6 j LL MEDICAL OFFICE BUILDING P 16,124 SF I IN I I I - Svm I LOT I I I I I .372AC. s 1I r. 59, 759 S. F.) II r I I s I :off 00 0 --, EMENT AGREEMENT T/0220008400 r r--e.+ _ •o. r r otr-rl�+ --o.r- I � I — ALONG PROPERTYLINE GHNN UNx FENCE ENCROACHMENT N❑, 1 1 EASEMENT TO TESC0 I VOL 4844, PG. 114 DRTCT vWinkelmann OWNER: EXHIBIT C & Associates, Inc. BOMAC MCALISTER INVESTMENTS, LLC ENCROACHMENT EXHIBIT CONSULTING CIVIL ENGINEERS ■ SURVEYORS 450 NORTH KIMBALL AVE., SUITE 100 KEYMAP 6750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 SOUTHLAKE, TX 76092 DALLAS, TEXAS 75230 (972) 490-7099 FAX Texas Engineers No. 1 0866 N0 89 DEVELOPER: Texas Surveyors No. 10ation No SHEET COPYRIGHT © 2024, Vrinkelmann h Associates, Inc. SOUTH TRACT OF MCAUSTER RD. 1 Scale : 1:60 Date : 04/05/2024 BOMAC MCALISTER INVESTMENTS, LLC & 1-35W 450 NORTH KIMBALL AVE., SUITE 100 CPN• 104WQ of Dwg. File : 78501.00 Encroachment Exhibit SOUTHLAKE, TX 76092 Project No. : 78501.00 FORT WORTH TEXAS Project LEGEND EX. PUBLIC SWR LINE & ESMT. --- CPN: 102205 X-26197 — — — — — — _ PUBLIC WTR LINE CPN: 104889 X-27801 PRIVATE STM LINE PRIVATE SWR LINE PRIVATE WTR LINE — — — — — — — — ENCROACHMENT AREA BOUNDARY LINE N --- -- 0' 20' 4�0' Scale 1 =40 LOT 2 0.588 A C. (25,595 S. F. ) PUBLIC WTR LINE E ' 61 PRIVATE SWR LINE PUBLIC N N SWR LINE I = I I � I I PRIVATE STM LINE ENCROACHMENT N❑, 2 se u •�. °1 s IENCR❑ACHMENT POLES STM 0 I a I --- PRIVATE WTR LINE I u= I -0 o MEDICAL OFFICE BUILDING I I za Lil 16,124 SF 15' PRIVATE DRAINAGE I I 'W`^ EASEMENT BY PLAT I `z I I I I SWR LOT I I PRIVATE =WR LINE I I.372 AC. j I II(59,759 S. F.) NO. EASEMENT AGREEMENT NST#D220008400 LIGHT POLES_, (ce•) _ i................ ALONG PROPERTY LINE —x CHAIN LINK FENCE vWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCREST PLAZA DRIVE, SURE 215 (972) 490-7090 DALLAS, TEXAS 75270 (972) 490-7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 COPYRIGHT © 2024, Winkelmann & Associates, Inc. Scale : 1:40 Date : 04/05/2024 Dwg. File : 78501.0C Encroachment Exhibit Project No. : 78501.00 -t � I PRIVATE STM LINE & 5' CURB INLET I — STM S — — SPA —--� ti TM —c— {— PUBLIC SWR LINE — — — — b■ ■ T 1 I ■ L — .......................................1�.---•� EASEMENT TO TESCO VOL. 4844, PG. 114 DRTCT OWNER: EXHIBIT C BOMAC MCALISTER INVESTMENTS, LLC 450 NORTH KIMBALL AVE., SUITE 100 ENCROACHMENT NO. 1 & 2 SOUTHLAKE, TX 76092 EXHIBIT DEVELOPER: SHEET SOUTH TRACT OF MCALISTER RD. 2 BOMAC MCALISTER INVESTMENTS, LLC & 1-35W 450 NORTH KIMBALL AVE., SUITE 100 CPN: 104889 of SOUTHLAKE, TX 76092 FORT WORTH, TEXAS 3 D LEGEND EX. PUBLIC SWR LINE & ESMT. CPN: 102205 X-26197 --------- PUBLIC WTR LINE — — CPN: 104889 X-27801 —�— PRIVATE STM LINE PRIVATE SWR LINE PRIVATE WTR LINE - — — — — — — — — ENCROACHMENT AREA BOUNDARY LINE EX. S,DEV/ALK UUGj/"L"LVUV25ZU2511 I I_ iIENCROACHMENT NO, 3 LJ' - �� PUBLIC WTR LINE �. PRIVATE SWR LINE I` Wrn WTR --L I-- i , LOT 3 P 0.929 A C. _ _ E c! — p (40,489 S. V. N z \ .. LIT I s m I P I I I I Wa: SWR /Y 2 r I I act C1I sTL+ m� I ZCI 1 o I PRIVATE STM LINE �zl I � --T -- v"� Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCREST PLAZA DRIVE, SURE 215 (972) 190-7090 DALLAS. TEXAS 75230 (972) 490_7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 COPYRIGHT © 2024, Winkelmann & Associates, Inc. Scale : 1:40 Date : 04/05/2024 Dwg. File : 78501.00 Encroachment Exhibit Project No. : 78501.00 OWNER: BOMAC MCALISTER INVESTMENTS, LLC 450 NORTH KIMBALL AVE., SUITE 100 SOUTHLAKE, TX 76092 DEVELOPER: BOMAC MCALISTER INVESTMENTS, LLC 450 NORTH KIMBALL AVE., SUITE 100 SOUTHLAKE, TX 76092 Scale "= 40' EWER FAC ASMENT AOR I ST#D2200C PROPOSED DIRECTIONAL SIGN I lo�w� I IVN I I vEa I to to I � I I I PUBLIC SWR LINE I I I I I , I EXHIBIT C ENCROACHMENT NO. 3 EXHIBIT SHEET SOUTH TRACT OF MCAUSTER RD. 3 do 1-35W CPN: 104889 of FORT WORTH, TEXAS 3 N WE --- --- V 8 V- U - I . I 1 _ _ STA. JN•73.4H 5TOM LINE 1 \ /�_____________ �\ END RPLUC I i -- Q 20 Scale: 1• - 20' I (n i ISEA ilmw6 S10RM ; I I NK NTURE 60' WYE CWN. I I I YYdiMemLlcn 0 :'I 'n• - e IPROPO G0951EN6 I ' •�•o:^.hv n��r F . J+JSHP STORM; I I Sm SEW1F 1 ulYY CONTRACTOR... MY ENCROACHMENT NO. 1 B w„ Mi I ; ; E;SIII%ADE 1 AFT/HIIRm PUM PR ARE AND FR ON YN PLANS AGUTES AFFECT MIS Si1E AND ARE JEAT - T ON TIE la O I I I PLANS MERE PRODUCED V..."A- ! AASSt . IINGESHALL NOT BE •. i 1 a / I I I ( RESPO4JB(OR KxOMNO IHE FALi LOCATION OF ALL FAOIITLT NO O( CW 1 / STA O+J7.58 STORM LAT 1H I OR DEPIOTIXACT LOGTONS SAID fALWRES THE PLANS 8 1 1 I eETONO rout ¢ srnTm ABdvE INSTALL' 4'94' DROP INLET I _ I I RIM-]]6.{9 - m 1 I 1R LtM(3) snAu GLL •6I1• A uI— OE' b NWRS PM64 _ j ��I TO AYAT-L HORK pV ON CTE AND SHALL HOi REPH MT 17 SIO..Y/ LINE 1 EJICA MAV OR OEMOIITION ACi1NRS UNIIL N'lER SAID FACLIRES Q 7 OF WATER GTOSSINGS; 1 OENERBEEN NARKED AND/OR MLQO PER •611' OR THE' FAOLOT a O.SBB AG Aas 4y I ~ I CONTRACTLWES) SHALL HE MIOILT RESPOVAHIE FOR ANT DANACE a / I .. (25.595 S.F.) 4� G I r� TUT MAT OCCUR TO wD FACNT 3 DUE To t19RK BONG OIX E P� tl i 1L,, jjPP 6S YI1110UT FOLOMNO TIE PROfF01/RES ABOVE 3 I 7 q� �AZ+F�95i0�E1 I.Y.. da I 1 STA. 0+05.000 OW BEND $ 45• HORO' BEND G S e PIPE SLOPECHANCEd 1 t; Q ABBREVIA TICK LEGEND .11 9; i 1 _ J PP Poea Pole RE I do Red Found 1ISTA. 2+62]t STORM UE i - GW CI, WVa IRS Iron Rod Sat y jF J. A ..�' P %SEA 0+060045fOP LATOONiN ' �fI• __ W� 1 ; G MN Manhde GR5 I -Rod Salty pp WAI' `ei . _ I Y•-+#L 1' I g ie Wy Watn Voles GRF UoP Ral Foun�n/ cap /R!lliiis ST . 55.1E S LINE I BM g TP Tdephme Pedaetal Xa % g�t i^ ConQaleWln ' %�CYV 45'XORIZ BEND q XLF JjR I STA. O+s0511 MORIRR '.•5..•• I JI rc-. I j w yne"PRI:et PIS m'i;rn '"° •3 1 SEA 0+40.T SidEM RD J �y SiA. J9.0J STORM LINE IIIV CO T1...^l Velw TrenN mlvai~pad Q+�' \ �OSEO CROS�/F AC AR C dltf— CM Gaa uetc I I CONNECT , O DOWNSPOUTS . I LVJ/i FL 8'v]29.Jf1 I SEA 28 SIG2M 1 I N CaDle Box GNK Gee Marker PR SB SHind Bex TSN TraK S9n • sn,� ..r �iPROPO3E0 WATER CROSSING I SP SiOnpl Pda UGC Undvr crouolE CaUIa uar4er L. STA. 0+61.11 STORM RD 6 C' •y I MII I 6N B flxtn B I 1 ^`� I CONNECT 70 DOWSPOUTS 1'oLC�Fp I I I MIv �I I G.I Gntrd Monument M Elxtnc Matvr I. i R 729.58 O Z/O ZOl.�.s .EA STA + O M UNE 1 - SEA. 0+0600 STORM RD J I M61CAL OFFICE BUILDING 11 I S. WYE CON;. I NOTES: II Id to tN SF STA O+1S33 T M RD 2 I II I wa I I I Q I STA 2F940B STORM UNE 2 O I JO' NORIZ BEND I II I I I _ 1 CURS INLET 5' I n F-40 I I STA I+T.iI STORM UNE f -I i 1• ALL STORM SHOWN IS PRIVATE p I I „ I I STA 0+00.00 STORM 6 2 I 17 W Q '• I - w I I STA C+J].J4 STORM RD 1I 6" WTE CONN. I 2-26-2024 W I STA E T TO STORM RD 5 6NNEC7 TO DOWNSPOUTS ` I 1 I p /N� •. I CONNECT TO DOWNSPOUTS I FL H'-]29.60I 9TpIM RD 1 •FL B'-]19.JJ 8' eLt O S.tOT ITT I ; 1 �0 STA 6240 STORM RD 3 STA. RD 6 60WTE N.--ter•k �, � T. T9 SRM UNII E I t I ; ;^ PROPOSEDSEWE SE11 1 1G; 1 ENCROACHMENT NO. 1A I' A D a I 43' HORIZ IZ SE BEND RD s ; LOT 1 STA 0+40. 71 STORM RO 1 I STA 1+2200 STORK LINE 1 Z LO STA 1+4Z]3 NE 1 a 1.372 AG CWECT TO DOYMSPWTS i PIPE SITE a SLOPE CHANGE ; NO Q I I I .,.1, Ar (59,759 SF.) I FL H--72F.1 n m u I` J '^ I 45' HORDE BEND I 0; O �• S 1 I M IN I Z I� v / 5{ SEA 0++2]8 STORM RD 4 _,L �A I I S A 04. 4 STOR U f I' SEA 2+17.T STOLEN LINE 2 - :.' CONNECT .5 OOWNSPOU75 O� 7 I I 43' NORIZ BEND I. STA. 0+O000 STORK 6 5 d F ]19.30 Qyjt 1 I I d I I I �1 60' WTE CONN. \ STORM UT to I I 4 IyJj I STA 0+11. STORM RD 41 a� S7A1ZOO STORM 0+00.00 STORM RD 1 I L 18- RCP 0 0. ]Si I I - - - - _ _ _ _ _ i f+911 H6 STORM UNE 2 - A5' NORIL BEND -F - - - �` SEA O+OQ00 570RM RD 4 60' WT£ CONK I -I - I `cn I 60' W E CONIC -TE r� A 4 . A.r. TA O+J1.11 5M LAT IAI I E I NAS INLET 3'10RQ W 3 11ay� I I J1 I STA 6+0HEA STORK UNE 1 .� I STA 1+6J.31 ST�tME 1 -_ — 570R11 UE 2 •---_rIl I T Z ., . / (� I I PER DETAIL ON I F- / SEA 0+00.00 STORM LAT 2A F$ I_ 60' WtE CONN. IB' RCP O ^ eee I 1 STA 0+000O STORM LAT to I Y, J ' I 7 00 T 2A--� __- 145• WTE CONK I I C-f200 ; J O STORM p 0.1• 1 STA 1+5870 STORM LINE 21 ISTA W07.0` STORM LWE 2 I STORM 11NE 1 I I Ljiyl Li ROP j NOR BEND 3• XORIz BEND -27" RCP O O50X M4rI 16 _EWERR UIT ... , • / I \ ASE�MENi AGREEMENT STA 0+80.]fi STORM LINE 1 ------'- ; I _ 0 STA 0+00.00 3 RM LWYE INE LWtB INLET 3 SiORN UT 2A -r - -- --_-_ I OAVTONIOEX UNDERGRIWND UTLI i...:__________________________________�____________----____ __ MOT STORM LIEO1R 1 TESL 103; f '�. '� /" _ _ �� _ EX SEN17E CROSSING I.a� 1 . I. N _________________________—�-----_-___-L90-___________________-_ _ -_ _ STA 0+69.76 STORM UNE /-______ -..I ; 1 1r B L��� ALONG PUNK FENCE UNE +3•ImEIz BEND _ CHAIN UNK FENCE C-08 00 I EA844. TO14D----STAORDE SE STORM LINEt-—-—-—- — - — - —- 1 oaiui of smC xuman VDL 4844, PG. 114 DRTCT B s3' HORDE BEND - _9><Tf wcronT RAP mac,'Pa t—) Groaapa 'gamy ENCROACHMENT NO. 1A, M.gheD.v"). 5.5 e11 OK V• S75 — o- 25 mm e2.e male D— In mm Y,• IM blO D- e5 mm p. =2 ., e'BeeelnY%Ney Dey D55/11 o,ela, 13,de,e40 JENCROACHMENTNO. 1B�— flBB N Me• A mm 1. — a.e- 17 mm e„- a mm e,ro-JY/i18 f2DV.-Y.)/Yr7ro D,dtlu• 20] OK Be,eO an Flauro 5.12-1]1romI5WM D,da,e• 11 OK W Oosgn roptls 8• Rlpnp eM 6 Betltlinp O.da,eUa 10 OK F Y mr- i r--- 755 n 1+1+ V��S� 750I— - < < a z nmC11 I 745ac 740 I i PROSED GRADE,I -- — —I i—j_ _ 1 � O � DF PIPET I XIS NG GRADE t ; O �,: OF PIPE 735 rloo YR NGL I I �...- 730 — — 18• RCP d 0.85% — — I - 271RCP ® 0.505 ENCASED SEY ER 72S I I I INSTALL RIP RAP- ►.R TABLE ABOVE I j1 1 vi H Id 720 �c I c 1 �� nm� ' 'Y p!0 3 v, a '^ I r C I e r �e I �^ ^I� �� �� dD,. cedes c Nr.� 1+00 0+00 I— 2+00 1 3+00 1 - STORM LINE 1 I I-----�I PRIVATE 755 — 750 — 745 740 735 730 725 720 4+00 N 1'-20' V r-s• 1 alamw ro.aB.]a II —I ]11B lain IlwlamI o.Ean anAD9 nT-41 ���Mw Yee 1F� 1a 9,e Em tam o1an�. W„Yd a4 �el� ii3gf,ol of t. i' 0�0�0• e12�� i2MeO,M)ff e69 ame �oB �b � O,F ,w pie nom as oaos i V sm er..e I i oa¢� ui �T om1 mi m aao mm o� m, pe SyTGJ oomor is I I ' oma lei I' V ama M peaell/ o oomai i oo�ia d oan pm I oat] are mI Ywa 1 aw] w I I I Owl I e.w5 s aw2 awn I me M , y-�IeJ EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page I I of I I Revised 12/2022 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DCF on n5/n11909d of 47•FFDAA