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HomeMy WebLinkAboutContract 61601Date Received: 6/25/2024 Time Received: 4:32 p.m. Record Number: PN23-00087 City Secretary No.: 61601 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 Lowe's Home Centers, LLC, a(n) North Carolina limited liability company ("Licensee"), acting by and through Richard J. Goodman its duly authorized Vice President, Real Estate, Construction & Retail Facilities. RECITALS WHEREAS, Licensee is the owner of the real property located at 13024 NW Highway 287, Fort Worth, Texas 76052 ("Property"), as recorded in Deed Records, by Instrument Number D224000354, in Tarrant County, Texas, being more particularly described in the attached "Exhibit A" and; WHEREAS, the City owns a waterline easement (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County by plat number D223185565; 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 a private 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 Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 11 CITY SECRETARY Revised 12/2022 FT. WORTH, TX the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and 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. 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 Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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. 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 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 I 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. 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 Tier II Easement Encroachment Agreement Page 5 of I I Revised 12/2022 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 Harrell 25, 202411:35 CDT) D.J. Harrell, Director of the Development Services Department D,,tc: Jun 25, 2024 ATTEST: a �� �o ago °=d Jannette Goodall, City Secretary Date: Jun 25, 2024 Licensee: Lowes's Home Centers, LLC a North Carolina limited liability company []a{e -BY brie t "'l 12D2i; Name: Richard J. Goodman Vice President, Real Estate, Construction & Retail Facilities Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: J u n 24, 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 Owen (Jun 24, 202413:00 CDT) Date: Jun 24, 2024 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of l l Revised t 2/2022 11: N WI&IJ 0 011:4 wyke a N : lU 3 W l9J M W M'1 r1'' 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 25th day of June 2024 AAMAW Brooke BonneU (Jun 25, 202411:36 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 Easement Encroachment Agreement t O�A�iYPVeCi BROOKE BONNELL a Notary Public * * STATE OF TEXAS 9jFP Notary I.D. 134009525 OF ` My Comm. Exp. Oct. 11, 2026 Page 8 of 11 Revised 12/2022 STATE OF LW-}1 j (' § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of poeW CayoiV,$n this day personally appeared �ZAChaX6 —Y (name), V t ce_. ks CA Csizi3f. t ron--- r�jLnft(Title) known to me to be the person whose R.�-�-p-�t Factt►=hE-.5. 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 Lowe's Home Centers, LLC, a North Carolina limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,-O' day of inn i 7 �'��n1,,�a„��►,,, NotPublic In and for the cb,. ��YL.`'•,�. State of t 11''14yOT'gdPy %110 ,� Connnn ti5Si0►n- �x p't ram'• 3 Gt �� A ; OBLIG Tier II Easement Encroachment Agreement Page 9 of 1 1 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 D2g�23186665 / Page 3 of 3 $� °p� m.. � . �„\�� / gQG9 m.am�c�m,®. �� .,..x.°,..m, �'"<"®'•r AVONDALE BASLET RD. _ - - _� - - - - - - - �w�.°,me.,�.w� rr .,e..�a \ A. 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N O. � srfr. AR.r�mr° -_ r ♦�P° r K3 7 $ S'f• .O.B i i uy mmam. FORT WORTH OF WORTH, --- - --- - ---- -- I l C[TY-PLA SIGN s'wrzv -__— _ CI _ _—_— u> _ _ TY FORT TR%AH ra'w ^ns .,J ) I ^l v mnr°°°aw.m°m r � Ph1APPr IDMe: p my \ I i >aWJm°m JJ � �i. I ur ]°..x. x� T 'rtu6 mnrev.>mwCcm Da _ rzan. PLAT OF LOT 14R. BLACK I VISTA CROSSROADS ADDITION . I u Im 1 a 3��w pm�ma.,,w,cmmrr im.. 6�e. - x...s,.:s.� I a I ,xo I I m I :soma . a ,,,mm �mw.rma aae®c teague null & perklns \ o \ - yr�;ra,'ms sxs m..ac 2wmraimm'°°°icrc'mma ■M■ noun. mro ��M � �— — I — — _ — - — — — --- — — r5x0= _ xIP6U.mm• Fmte 1D,9,2023 �reroww,rnn a r.c.x: FP—zs 0>4 (PP 06—a5a) RM 22285 4V--0N0AZ5 WALMART � P20JECT LOCATION CPN 104900 MAPSCO NO. 004V EXHIBIT A VICINITY MAP 17AIS5T ,PD, DEVELOPER: 0 1000, LOWE'S HOME CENTERS, LLC LOWE' S 1000 LOWE'S BLVD (HASLET, TX) MOORESVILLE, NC 28117 GRAPHIC SCALE In ENGINEER: FREELAND AND KAUFFMAN, 209 WEST STONE AVE GREENVILLE, SC 29609 M M 12" W, AIR & UMA RELEASE VALVE ❑ T- IE P4 n Ww o w� oco w `L- aLL- 15' PERMANENT WATER FACILITY EASEMENT INST N. D215102186 O P R.T.C.T. (ITEM 1Dw ) INS T No D215144097 OPRTCT (ITEM 10z.) 18' WM PPIVATE) IINCROACIMINT T Pvc _ I_ PART (P2'VAT17 � _ NCROACNMENT r PART 2 AEa Eu ' p EASBYBJf ITBOT Ci IT PVC " ew 0 job 7 - ,5' PERMANENT WATER FACILITY EASEMENT INST. N,. D2151 D2186 C P.R. T.0 T (ITEM 10w.) ENCROAC MENTrj�12" —rt we FWAm 0 P R.T..T 2,5,44D9 (ITEM 1Dz PART 3 GATE VALVE ENCROACHMENT 3 PV-;PART 4 2' {�%��� u LEGEND PROPOSED WATER LINE W EXISTING WATER LINE PROPOSED STORM DRAIN �T O 100, GRAPHIC SCALE EX4 B T O O O O V E�,1HLL PLHI v— V V HTE�,lL NEE �XC�OAC�M�XT DEVELOPER: ENGINEER: LOWE'S HOME CENTERS, LLC LOINS S FREELAND AND KAUFFMAN, 1000 LOWE'S BLVD (NASLET, Tx) 209 WEST STONE AVE MOORESVILLE, NC 28117 GREENVILLE, SC 29609 LOOT I BLOCK T WWA CROSSROADS ADD0700H POINT OF COMMENCEMENT J DD OO Cho No. 02122 8 77516 POINT OFF 30gj - j W BEGINNING 5�5•oj - ' ��� PART 1 / l7 - 0 40 80 160 566 SCALE: V=80' LZ PROPOSED \ // LINE TABLE WATER LINE \ POINT OF l/ EASEMENT \\ LINE BEARING LENGTH \ BEGINNING L1 S76°29'06"W 16.46' \ PART 2 C tk L2 S74°42'13"W 15.00' -1� \ 3/ / L3 S72°08'39"W 10.08' `01 L4 S75°05'09"W 4.93' L5 S14'53'42"E 24.26' L6 N85°41'59"W 97.45' L7 N63°05'26"W 125.42' LOOT 14, BLOCK K � \ \ \ / / ADD0700K L3 \ / �� BLOCK Oa 3DOOo He. D22OoOo 2477 31 WOSTA CROSSROADS SSROO ADS L4 - —� ADD0700H L5 ' —\ �\ DOC�o He. D2�IgilOo g34�1 POINT OF / BEGINNING PART 3 i POINT OFF BEGINNING PART 4 C;1MGv 72H 32.336 ACRES (CALLED TRACT 00) BASIS OF BE'ARIMS Dodo Mo. 02077224400 COORDINATES AND BEARINGS ARE BASED UPON THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83), UTILIZING THE ALTERRA CENTRAL RTKNET VIRTUAL REFERENCE NETWORK. ©2023 MANHARD CONSULTING, ALL RIGHTS RESERVED 1.6AHanhardT. CONSULTING I6448 E Highway 290, Ste. B-105 , Austin, TX 78723 ph:512.244.3395 manhard.com Civil Engineers I Surveyors I Water Resource Engineers I Water & Waste Water Engineers Construction Managers I Environmental Scientists I Landscape Architects I Planners Texas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng) LEGEND = FOUND 1/2-INCH IRON ROD = SET 1/2-INCH IRON ROD WITH "MANHARD CONSULTING" CAP VISTA CROSSROADS ADDITION 2671 AVONDALE-HASLET RD., HASLET, TARRANT COUNTY, TX 76052 STORM SEWER CROSSING EXHIBIT DATE: DRAWN BY: SCALE: CODE: 07/06/23 PWP 1.-W, 2023.115 r EXHIBIT C1 1 Manhard, C O N 5 U L T I N C STORM SEWER LINES CROSSING PROPOSED WATER LINE EASEMENT VISTA CROSSROADS ADDITION HASLET, TARRANT COUNTY, TEXAS DESCRIPTION FILE NO. 2023.115 PROJECT: 617.019003-EX-C DATE: 07/10/2023 CENTERLINE DESCRIPTION OF STORM SEWER LINES CROSSING A PROPOSED WATER LINE EASEMENT SITUATED IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 1131, TARRANT COUNTY, TEXAS, SAID WATER LINE EASEMENT BEING A PORTION OF LOT 14, BLOCK 1, VISTA CROSSROADS ADDITION, A SUBDIVISION OF RECORD IN DOCUMENT NO. D220024731, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1: COMMENCING for reference, at a 1/2-inch iron rod found at the southeast corner of Lot 1, Block 1, Vista Crossroads Addition, a subdivision of record in Document No. D212287516, of said Plat Records, being a point in the west line of Lot 1, Block 3, Vista Crossroads Addition, a subdivision of record in Document No. D215105341, of said Plat Records, also being the northeast corner of said Lot 14; THENCE, S65°43'51"W, over and across said Lot 14, a distance of 199.43 feet to a calculated point in the east line of said proposed Water Line Easement, for the POINT OF BEGINNING hereof; THENCE, S76°29'06"W, continuing over and across said Lot 14, over and across said proposed Water Line Easement, a distance of 16.46 feet to a point in the west line of said proposed Water Line Easement, for the POINT OF TERMINATION hereof, from which a 1/2-inch iron rod found at an angle point in the south line of said Lot 1, Block 1, being the north line of said Lot 14, bears N85°41'59"W, a distance of 97.45 feet; PART 2: COMMENCING for reference, at a 1/2-inch iron rod found at the southeast corner of Lot 1, Block 1, Vista Crossroads Addition, a subdivision of record in Document No. D212287516, of said Plat Records, being a point in the west line of Lot 1, Block 3, Vista Crossroads Addition, a subdivision of record in Document No. D215105341, of said Plat Records, also being the northeast corner of said Lot 14; THENCE, S52°05'53"W, over and across said Lot 14, a distance of 213.76 feet to a calculated point in the east line of said proposed Water Line Easement, for the POINT OF BEGINNING hereof; 2023-07-13 - P:\Crichton Temp\ABRAM DASHNER RPLS\METES AND BOUNDS\2023\2023.115.docx Sheet 1 of 3 Texas Board of Professional Engineers and Land Surveyors • Registration No. 10194754 Manhard Consulting • 6448 E. Hwy. 290, Suite B-105 • Austin, TX 78723 • 512.244.3395 • manhard.com COLORADO I ILLINOIS I NEVADA I TEXAS I WISCONSIN Manhard C O N 5 U L T I N C THENCE, S74°42'13"W, continuing over and across said Lot 14, over and across said proposed Water Line Easement, a distance of 15.00 feet to a point in the west line of said proposed Water Line Easement, for the POINT OF TERMINATION hereof, from which a 1/2-inch iron rod found at an angle point in the south line of said Lot 1, Block 1, being the north line of said Lot 14, bears N63°05'26"W, a distance of 125.42 feet; PART 3: COMMENCING for reference, at a 1/2-inch iron rod found at the southeast corner of Lot 1, Block 1, Vista Crossroads Addition, a subdivision of record in Document No. D212287516, of said Plat Records, being a point in the west line of Lot 1, Block 3, Vista Crossroads Addition, a subdivision of record in Document No. D215105341, of said Plat Records, also being the northeast corner of said Lot 14; THENCE, S15°12'06"W, over and across said Lot 14, a distance of 392.30 feet to a calculated point in the east line of said proposed Water Line Easement, for the POINT OF BEGINNING hereof; THENCE, continuing over and across said Lot 14, over and across said proposed Water Line Easement, the following two (2) courses and distances: 1. S72°08'39"W, a distance of 10.08 feet to a calculated point, for an angle point; S75°05'09"W, a distance of 4.93 feet to a point in the west line of said proposed Water Line Easement, for the POINT OF TERMINATION hereof, from which a 1/2-inch iron rod found at an angle point in the south line of said Lot 1, Block 1, being the north line of said Lot 14, bears N30°16'50"W, a distance of 352.52 feet; PART 4: COMMENCING for reference, at a 1/2-inch iron rod found at the southeast corner of Lot 1, Block 1, Vista Crossroads Addition, a subdivision of record in Document No. D212287516, of said Plat Records, being a point in the west line of Lot 1, Block 3, Vista Crossroads Addition, a subdivision of record in Document No. D215105341, of said Plat Records, also being the northeast corner of said Lot 14; THENCE, S13°14'00"W, over and across said Lot 14, a distance of 404.64 feet to a calculated point in the east line of said proposed Water Line Easement, for the POINT OF BEGINNING hereof; 2023-07-13 - P:\Crichton Temp\ABRAM DASHNER RPLS\METES AND BOUNDS\2023\2023.115.docx Sheet 2 of 3 Texas Board of Professional Engineers and Land Surveyors • Registration No. 10194754 Manhard Consulting • 6448 E. Hwy. 290, Suite B-105 • Austin, TX 78723 • 512.244.3395 • manhard.com COLORADO I ILLINOIS I NEVADA I TEXAS I WISCONSIN Manhard. C O N S U L T I N G THENCE, S14°53'42"E, continuing over and across said Lot 14, over and across said proposed Water Line Easement, a distance of 24.26 feet to a point in the west line of said proposed Water Line Easement, for the POINT OF TERMINATION hereof, from which a 1/2-inch iron rod found at an angle point in the west line of said Lot 1, Block 3, being the east line of said Lot 14, bears N50°57'03"E, a distance of 109.75 feet; BEARING BASIS: TEXAS COORDINATE SYSTEM, NAD 83(2011), NORTH CENTRAL ZONE, UTILIZING THE LEICA SMARTNET CONTINUALLY OPERATING REFERENCE NETWORK. I HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BASED UPON A FIELD SURVEY PERFORMED UNDER MY SUPERVISION DURING THE MONTH OF OCTOBER, 2022, AND IS TRUE AND CORRECT TO THE BEST OF MY ABILITIES. Te ........................::.. ABR�CA C. DASHNER ABRAM C. .DASHNER ............................. TEXAS RPLS 5901 _ 5901 . MANHARD CONSULTING OFEss TBPLS FIRM NO. 10194754 4ND ci'io 2023-07-13 - P:\Crichton Temp\ABRAM DASHNER RPLS\METES AND BOUNDS\2023\2023.115.docx Sheet 3 of 3 Texas Board of Professional Engineers and Land Surveyors • Registration No. 10194754 Manhard Consulting • 6448 E. Hwy. 290, Suite B-105 • Austin, TX 78723 • 512.244.3395 • manhard.com COLORADO I ILLINOIS I NEVADA I TEXAS I WISCONSIN 860 azar8awa2 a�z z o�I W�OIQU'I— al— �� 855 n aN�r a NI U I I I 18' RCP 850 12" PVC' (\PRIVATE) o14 C% — oc It PVC 1 1 3' MIN, 845 1 12' PVC, oO.32% _ :,ONTRACTO TO VERIFY LOCATION OF �� EXISTING VGA i ERLINE 0+00 DEVELOPER- LOWE'S HOME CENTERS, LLC 1000 LOWE'S 6LVD MOORESVILLE, NC 28117 INSTALL INSTAL 1 22 LF 22 LF CSS CSS BACKF LL----BACKFILL I �I Tj 0+50 1+00 1+50 RELOCATED PROPOSED GROUND EXISTING GROUND — — 2+00 2+50 WATE�L ICE (PUELIC) Q rw a a a OI a R, Lqo z aim <I L6IJT of � 0 INSTALL 22 LF 1 CSS 13ACKFII L I �I 3+00 3+50 PROF LE EXHIBIT C RELOCATED WATERLINE PROFILE LOVVE'S (HASLET, TX) 30' RCP (PRIVATE) 860 855 850 845 CONTRACTOR 840 TO VERIFY — LOCATION OF _ 0 o EXISTING co VVATERL17 — 835 4+00 4+50 ENGINEER FREELAND AND KAUFFMAN, INC. 209 WEST STONE AVE GREENVILLE, SC 29609 865 D 6 — LU w o 0 — Z y Q cc) 860 I L` W ILJ � I 855 � I ------------ 850 845 ,= 51 L i B' RCP — o — 0 120 -F. OF p 0 18' RCP (CLASS V) 0 840 v o 0,42� � CID — I ` Q0 01 cQ 835 z z z 6' O 6' 9' 60, 0 60' 90' VERTICAL GRAPHIC SCALE HORIZONTAL GRAPHIC SCALE I" = 6' 1" = 60, Ex43T 02 ENC�,1C/AC�M'--INT PAST DEVELOPER: ENGINEER: LOWE'S HOME CENTERS, LLC LOINS S FREELAND AND KAUFFMAN, 1000 LOWE'S BLVD (NASL'--T, TX) 209 WEST STONE AVE MOORESVILLE, NC 28117 GREENVILLE, SC 29609 865 860 5 865 Z U O � — W z Z Lo co 0 Z LL1 — Z � °C 860 al c' o � — gl NI - °`I -_ r PROPOSED 855 GRADE — 850'Y-i I I 1 e — 38 LF DF 12' PVC 3.8 EXITING •O.7� SLOPE DE �A 845 (PRIVATE) G N Go O OO ccq 'zt 840 ' CID v co O 835 z z z 0+50 0+00 850 845 M.* 6' O 6' 9' 60, 0 60' 90' VERTICAL GRAPHIC SCALE HORIZONTAL GRAPHIC SCALE 1" = 6' 1" = 60, Ex4 3 T C3 ENCZCACNM':--INT P/A�',T 2 DEVELOPER: ENGINEER: LOWE'S HOME CENTERS, LLC LOINS S FREELAND AND KAUFFMAN, 1000 LOWE'S BLVD (NASL'--T, TX) 209 WEST STONE AVE MOORESVILLE, NC 28117 GREENVILLE, SC 29609 865 14 865 — z d ZL0— Ui U — 860 cc) z w � °C 860 cow - - of NI — 855 PROFOSED / — 855 — CQ,,pE — EXISTING 850 GR^DE 850 I_ 23 F OF I r PVC 1.95% SLOPE 845 (PRIVATI-) 4.13' 845 - - I ooLo , — 840 ^C6co 'zt 840 _. cn coo c N N S Zz0 — 835 Z z z z 835 0+50 0+00 6' O 6' 9' 60, 0 60' 90' VERTICAL GRAPHIC SCALE HORIZONTAL GRAPHIC SCALE 1" = 6' 1" = 60, EX4 3 T C4 ENC�,1C/AC�MEN7 PAST 3 DEVELOPER: ENGINEER: LOWE'S HOME CENTERS, LLC LOINS S FREELAND AND KAUFFMAN, 1000 LOWE'S BLVD (NASL'--T, TX) 209 WEST STONE AVE MOORESVILLE, NC 28117 GREENVILLE, SC 29609 8b5 14 13 CU W GO W L Z Lo Z Ln co c0 i LLI c 860 i Qz NOTE: < J CONTQACT9R-Tr-1 — f-I VERIFY LOCATION OF EXISTING WATERLINE E _ Lil RELOCATE LINE AS NEESSARY 855 ----------------- 850 845 ) 2.4' — 146 L.F. OF N p — C6 co 30' RCP (CLASS v co co 840 v .. V) 0 OA8% co v .. .o ' (PRIG ATE) .o - NCO b CVO 835 z z z z z 6' O 6' 9' VERTICAL G�-IAPk4C SCALE 1" = 6' 60' 0 60' 90' ILOQIZONTAL GRAPHIC SCALE I" = 60' EX4 B T C5 EXC�,IOAC�M'--XT PAST 4 DEVELOPER: ENGINEER: LOWE'S HOME CENTERS, LLC LOINS S FREELAND AND KAUFFMAN, 1000 LOWE'S BLVD (NASL'--T, TX) 209 WEST STONE AVE MOORESVILLE, NC 28117 GREENVILLE, SC 29609 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022