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HomeMy WebLinkAboutContract 61619Date Received: 7/1/2024 --------- Time Received: __ 1_1 _:3_o_a_.m_. ___ _ Record Number: PN23-00149 City Secretary No.: 61619 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIERII 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, FW Primrose Public Facility Corporation, a(n) Texas public facility corporation and Jefferson Ederville Road, LLC, a Texas limited liability company, ( collectively the "Licensee Group") both acting by and through their duly authorized representatives. RECITALS WHEREAS, Licensee Group is the owner of the real property located at 8157 Ederville Road, Fort Worth, Texas 76120 ("Property"), as recorded in Deed Records as a tract ofland situated in the Thornton K. Hamby Survey, Abstract No. 81, by Instrument Number D223210631, in Tarrant County, Texas, and; WHEREAS Jefferson Ederville Road, LLC through that certain Lease Agreement has a leasehold interest in the Property; and WHEREAS, the City owns a floodplain and sanitary sewer easements (the "Public Property") adjacent to the Property, recorded in the plat records of Tarrant County as plat number FS-23-177; and WHEREAS, Licensee Group 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 Group, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee Group agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee Group of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee Group, hereby grants permission to Licensee Group to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the Page 1 of 14 location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a private storm drain and sanitary sewer (the "EncroachmenY'). Upon completion of the Encroachment, Licensee Group agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee Group 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." � 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 Group shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee Group 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 Group, 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 Group 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 Group 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 Group shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a Page 2 of 14 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 Group that if this Agreement terminates and Licensee Group fails to remove the Encroachment and restore the Public Property, Licensee Group 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 Group 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 Group's noncompliance with any of the terms of this Agreement. City shall notify Licensee Group in writing of any such noncompliance and if Licensee Group 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 Group 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. Page 3 of 14 9. TO THE EXTENT PERMITED BY LAW, LICENSEE GROUP 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, 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, LICENSEE GROUP, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE GROUP HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. TO THE EXTENT PERMITTED BY LAW, LICENSEE GROUP 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 GROUP, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEE GROUP, OR INVITEES. 10. While this Agreement is in effect, Licensee Group 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 Group that such insurance amounts may be revised upward at City's option and that Licensee Group shall so revise such amounts immediately following notice to Licensee Group 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 Group 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 Page 4 of 14 Property. All insurance coverage required herein shall include coverage of all Licensee Group's contractors and subcontractors. 11. Licensee Group 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 Group 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 Group 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 Group 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 Group 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, licensee Group , and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee Group, 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 Group. 15. Licensee Group agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee Group 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 Page 5 of 14 occupy property in which a third-party may have an interest. Licensee Group 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 Group, 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. 1 S. Licensee Group 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 Group conveys the Property, Licensee Group may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee Group 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 Group or assignment to a secured lender by Licensee Group 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 Group's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee Group 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. Page 6 of 14 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] Page 7 of 14 City: CITY OF FORT WORTH 1Mtie-:Mrtm/n-6:tt: By: Janie Morales for (Jun 28, 2024 !s:45 CDT) D.J. Harrell, Director of the Development Services Department Date: Jun 28, 2024 ATTEST: Jannette Goodall, City Secretary Date: Jul 1, 2024 Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Jun 27, 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. 'Rebeaa J>iarte Owert Rebecca Diane Owen (Jun 27, 202415:55 CDT) Rebecca Owen Development Services Date: Jun 27, 2024 Page 8 of 14 ***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY*** STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of June 2024 . wen�v Beardslee y Be7rci:ee (Jun 28, 202416:57 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 7 6102 WENDY L BEARDSLEE Notary Public STATE OF TEXAS Notary I.D. 13323719-3 My Comm. Exp. July 28, 2025 Page 9 of 14 Licensee: Jefferson Ederville Road, LLC a Texas limited liability company by: Jefferson Ederville Road Holdings, LLC a Delaware limited liability company its managing member by: TDI Real Estate Holdings III, LLC a Texas limited liability company its manager By: `���6L Blake Taylor Senior Vice President Date: �%2�1 �'1-W STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of fi'-C�( p�, S , on this day personally appeared Blake Taylor, Senior Vice President 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 Jefferson Ederville Road, LLC, a Texas limited liability company and in the capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this � day of ) IA Vi�fi , 20�_. �,,,��",a,, CHELSEA DI�NNE �AUER ?o ��Y AU �� � Notary Public, State of T�xas Notary Public in and for the _$: :�i "� Comm. Expires 03-25-2026 State of ��xGi,( '�;'�of�;�' Notary 1D t33S68o93 ��ni�r� Page l0 of 14 Licensee: FW Primrose Public Facility Corporation a Texas limited liability company„ By: Y � � t ary-Ma ecretary Date: s STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ��, on this day personally appeared Mary-Margaret Lemons, Secretary Treasurer 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 FW Primrose Public Facility Corporation, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a��� day of �u, , 20 a'� . Notary Public in and for the .--� State of ���(�S ,�ppY PUB EYA C KEY i�n NOtary ID �t109q3269 s„ F My Commission Expires '>f �� �� August 15, 2025 Page 10 of 13 EXHIBIT A Depiction and description of the Encroachment Page 12 of 14 � � � O � � � � _ � � 0 � � � O � � O � � U w _ H � Q � � H Z U / w � a _ U � Cn Q W I..L � W � 2 � � w � � � � z �; o� Qz 0 J N ti W � o N � � o x Z � H � � � �o � >o � > � N � U w �i � N � O � � � O Z O� � fn N � '� � _ O � (6 � � N +�.' A � � N � ^ C tJl � N /1 � X M�' � �� M v� f6 � � � � i w W H � O `� U � � � =- � � o � Y ��i�cn � �� o N V �� � Qo� �Z� U a — a U Z � � o U J J - � Z _ � 0 0 U �> a z �m Q � � � Q � � Q az �n"'� wp rnwc��i� Q V � � � � �_ � �Q I���'; w W J � X� ti J Q�?�~U�� W Q W�� Z J � W� Z Z O Q a oai���w L.I� w � O w W � w z 0 :sa6ew� 6r�np�W'LLSSX:s)a�X wd6E�£ £ZOZ/bl/6 ILlno6e�] fiMp�deW Ruuiai���uawyoeaau3�suqlyx3�6Md�aseyo�se3 - Idf - S£S9bbb90\I!^!� M1jGN �al!d LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.0652 acres (2,838 square foot) tract of land situated in the Thornton K. Hamby Survey, Abstract No. 815, City of Fort Worth, Tarrant County, Texas; said tracts being part of Lot 1, Block 1, JPI Ederville Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D2240101234 of the Official Public Records, Tarrant County, Texas; said tracts being part of that tract of land described as "Tract 1" in Special Warranty Deed to Primrose Public Facility Corporation recorded in Instrument No. D223210631 of the said Official Public Records; said tracts being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with "KHA" cap set at the southwest corner of that tract of land described as Tract 1 in Deed to BRE DDR BR EASTCHASE TX LLC recorded in Instrument No. D214243998 of said Official Public Records; THENCE North 02°06'54" West, along the west line of said BRE DDR BR EASTCHASE TX LLC tract, a distance of 40.03 feet to a point; THENCE South 87°53'06" West, departing the said west line of the BRE DDR BR EASTCHASE TX LLC tract, a distance of 10.27 feet to the POINT OF BEGINNING; THENCE South 73°34'56" West, a distance of 23.00 feet to a point for corner; THENCE North 16°25'04" West, a distance of 48.82 feet to a point for corner; THENCE North 45°00'00" West, a distance of 57.44 feet to a point for corner; THENCE North 08°07'48" West, a distance of 15.00 feet to a point for corner; THENCE North 45°00'00" West, a distance of 19.11 feet to a point for corner; THENCE North 62°12'50" East, a distance of 5.23 feet to a point for corner; THENCE South 45°00'00" East, a distance of 17.57 feet to a point for corner; THENCE South 81 °52'12" East, a distance of 15.00 feet to a point for corner; THENCE South 45°00'00" East, a distance of 63.30 feet to a point for corner; THENCE South 16°25'04" East, a distance of 54.68 feet to the POINT OF BEGINNING and containing 2,838 square feet or 0.0652 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL � LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com �P� EGOT T� � : ' � E�o'••. s .*:.......�.......:�. �ICHAEL CLEO BILLINGSLE' ............................... '; ,� 6558 �, :' l �'•'p �Q.•' e 9,v� SEU R � Eyo EASEMENT ENCROACHMENT PART OF THORNTON K. HAMBY SURVEY, ABSTRACT NO. 815 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LEGEND P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRFC = 5/8" IRON ROD W/ "KHA" CAP FOUND LOT 1, BLOCK 1 JPI EDERVILLE ADDITION (INST. NO. D224010234) EASEMENT FW PRIMROSE PUBLIC ENCROACHMENT� FACILITY CORPORATION 0.0652 ACRES (INST. NO. D223210631) 2,838 SQ. FT. L10�/ FLOODPLAIN EASEMENT (BY S 45' SEWER EASEMENT (BY SEP INST) � �' � i � / , . � i � / � i i � i� � � � '� / � �� / � � / �� � �� �� ,� � EDERVILLE ROAD (VARIABLE WIDTH RIGHT-OF-WAY) NOTES NORTH � � 30 60 i / / GRAPHIC SCALE IN FEET W � ' �� >� � ����" � �z �z 2UI�U¢ z � � � TRACT 3 � Q Q¢ EASTCHAS�E TX LLC _ (INST. NO. D214243998) � i � i � l�� � _ _ — � IRSC � � N I / �9 �� (J �� ' �s i � i � / Q P.O.B. � P.O.C. TRACT 1 3 L2 BRE DDR BR �' EASTCHASE TX LLC �I (INST. NO. D214243998) � iRsc (C.M.) PARCEL 3 � GRACIOUS LIVING HOLDINGS, L.P. � (INST. NO .D210288809) �-- _I Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the encroachment tract. MICHAEL C. BILLINGSLEY REGISTERED PROFESSIONAL � LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com �P� EGOT T� � : ' � E�o'••. s .*:.......�.......:�. �ICHAEL CLEO BILLINGSLE' ............................... '; ,� 6558 �, :' l �'•'p �Q.•' e 9,v� SEU R � Eyo EASEMENT ENCROACHMENT PART OF THORNTON K. HAMBY SURVEY, ABSTRACT NO. 815 CITY OF FORT WORTH TARRANT COUNTY, TEXAS LINE TABLE NO. BEARING LENGTH L1 NO2°06'54"W 40.03' L2 S87°53'06"W 10.27' L3 S73°34'56"W 23.00' L4 N16°25'04"W 48.82' L5 N45°00'00"W 57.44' L6 N08°07'48"W 15.00' L7 S45°00'00"E 19.11' LINE TABLE NO. BEARING LENGTH L8 N62°12'50"E 5.23' L9 S45°00'00"E 17.57' L10 S81°52'12"E 15.00' L11 N45°00'00"W 63.30' L12 N16°25'04"W 54.68' EASEMENT ENCROACHMENT PART OF THORNTON K. HAMBY SURVEY, ABSTRACT NO. 815 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Flle�. 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K1F—W_Civil\064446535- JPI - Eastchase\Dwg\Exhibits\Encroachment\240605- Exhibit C- Encroachment Storm P-P.dwg [PROFILE] 6/6I2024 3:58pm Xrefs'. xhndy.dwg xExutil.dwg xSite.dwg xExsite.dwg xStorm.dwg X8511-M.dwg Images' mvc��cno� � �tmc� �=O c o n —• DO�ZmmA � �. m� � m D�� D m z �<� � D ���Xo�r j'jj � <p �, m^'���Dcmi� � �Q� � � � � � Z o D � m (nca� W n� m x O ���`° °D < � o Z � � � p r � � O N � D W v� � Z <� � � oo m p � z ;U � = r r n L � m � � _ D � m �� � � � � � Cn Cn Cn Cn Cn Cn Cn Cn Ut Cn Cr Cn �I �l W OD 00 CD Cfl O O O � N N N W W � � �� O � 00 N 6� O � 0o N � O � Oo N 6� O � "D T1 O � i � � O � � � �D�7 � D < � � D mmm ANITARY SEWER ESMT _ _ _ _ _ _ _ _ _ _ _ 5.00' STA: 1+10.79 STORM LiNE A LOODPLAIN ESMT _� INSTALL:_ �� A � 1- SLOPED HEADWALL FL 36" IN (NW): 502.29 � D - cfl o cn � (REF TXDOT DETAIL) A o n rn � RIM: 506.46 � A O nP p � � m � z o FL 36" OUT (SE): 503.26 � � STA: 2+07.94 FL 36" IN (NW): 514.87 STORM LINE A FL 18" IN (W): 514.87 f INSTALL: � 1- DROP STORM MH � X � �� 0 m �� � � � � � cn cn cn cn cn cn cn cn cn cn cn cn �1 �I 00 00 00 Cfl CD O O O � � N N N W W A � �� O � OD N � O � Oo N � O � OD N � O � � = O ��O o � D00 (,� �' o � � G..: m � �J m � � n � � n D 0 0 � � o � � � O � �0 3 � � � 2 t�i� w N �� � 1(n z X �� N 7 � Z O � A � � r. �/ y r = vi ^' rn � � z m � N�� o rt' � � � � z � c � � Z � '� � fll , m o W m � ?1 p N � O N � W Licensee: FW Primrose Public Facility Corporation a Texas limited liability company I� Mary-Margaret Lemons Secretary Treasurer Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Mary-Margaret Lemons, Secretary Treasurer 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 FW Primrose Public Facility Corporation, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 20 Notary Public in and for the State of Page 11 of 14 EXHIBIT B Certificate of Insurance Page 13 of 14