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HomeMy WebLinkAboutContract 61932Date Received: Time Received: 9/3/2024 12:06 p.m. Record Number: PN24-00131 City Secretary No.: 61932 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 Majestic Fort Worth Partners II, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 701 Meacham Boulevard, Fort Worth, Texas 76106 ("Property"), being more particularly described as, Lot 3, Block 1, Railhead Fort Worth, Phase IV, as recorded in Deed Records, by Instnunent Number D224021326, in Tarrant County, Texas, and; WHEREAS, the City owns a sewer easement (the "Public Property") adjacent to the Property, recorded in the deed records of Tarrant County by instrument number D224144713; 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 storm line 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 12 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." rR 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. 9 Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or fiiture 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 constriction, 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 Tier II Easement Encroaclunent Agreement Page 2 of 12 Revised 12/2022 to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City pernission 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 fiuther 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 acconu-nodate both the Encroachment and the public purpose. 2 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 Tier II Easement Encroaclunent Agreement Page 3 of 12 Revised 12/2022 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 12 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 pennissions 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 12 Revised 12/2022 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties tinder 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 12 Revised 12/2022 City: CITY OF FORT WORTH By: .,Iron IarrelWfep 3, 202408:46 CDT) D.J. Harrell, Director of the Development Services Department Date: Sep 3, 2024 ATTEST. Jannette Goodall, City Secretary Date: Sep 3, 2024 dpUUp4 „pOF Fo►?t�pddd �o Pvo o=A dQ ° a TEXA`-'oAp �bUuaaaa Approved As To Form and Legality Hye Won Kim Assistant City Attorney Date: Aug 28, 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. Rebecc en (Aug 28, 202416:23 CDT) Rebecca Owen Development Services Manager Date: Aug 28, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroaclunent Agreement Page 7 of 12 Revised 12/2022 Licensee: Majestic Fort Worth Partners II, LLO a Delaware limited liability company By: Majestic Fort Worth Partners, L.P. a Texas limited partnership, its sole member tov By: Majestic Fort Worth GP, L.L.C. a Texas limited liability company, its general partner By: Majestic Realty Co., a California corporation, is sole member By: Name: Edward P. Roski, Jr Title: President & Chairman of the Board Date: 6/2,1/z* Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I�,, / County of [As V `V" On a1, 1,Nd before me, Date C W l personally appeared I P&wa AaMA ilomkv At.,11C Her Insert Name and Title of tlhe Officer 2) Name(s) of Signe (s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/slae/thi5y executed the same in his/I;�,-r/tkreir authorized capacity(ies), and that by his/her/ter signature(&) on the instrument the persont8), or the entity upon behalf of which the person(,$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the *my RENEE ARANDA laws of the State of California that the foregoing Notary Public California Los Angeles County paragraph is true and correct. >Commission # 2444167 Comm. Expires Apr 13, 2027 ` WITNESS my hand and official seal. i Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: / Document Date: / Number of Pages: Signer(s) Other Than Named Above: \y Capacity(ies) Claimed by Sig( "\U Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited eneral ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑Other: Sign is Representing: Signer is Representing: 02019 National Notary Association 1111''LIJ 1• �11J.�11�'�LIJ t� II I 11J 11 � l�l �! trm zbJ rr 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 naive 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 3rd day of September , 2024. Wendy Bear ee(Sep 3, 202409:11 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 Encroaclunent Agreement oPRYP�a, WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 'fioF� My Comm. Exp. July 28, 2025 Page 9 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroacliment Agreement Page 11 of 12 Revised 12/2022 THE CITY OF FORT WORTH ENCROACHMENT AGREEMENTS MAJESTIC RAILHEAD BUILDING 3 CPN NO. 105552 2 A m FORT WORTH M EAC HAM AIRPORT. FoRTWORTH,_ y PROJECT LOCATION \00 MAPSCO NO. TAR-048Q z 0 n M ' - N MEACHAM SAGINAW CITY LIMIT 2-- NEOLA DERIDDER RUING -I4� SITE LOCATION MAP GRAPHIC SCALE IN FEET 0 500 1000 2000 225 E JOHN W CARPENTER FWY, SUITE 1100, ey))) ,TEXAS 75 PHONE: ' o r n PHONE: 214-420-5600600 STATE OF TEXAS REGISTRATION NO. F-928 LEGAL DESCRIPTION BEING a 0.0009 acre (41 square foot) tract of land situated in the in the S. A. & M. G. Railroad Co. Survey, Abstract No. 1464, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 3, Block 1, Railhead Fort Worth, Phase IV, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 5687, Plat Records, Tarrant County, Texas, and being a portion of a Permanent Sewer Facility Easement recorded in Instrument No. D224144713, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with "BRITTAIN & CRAWFORD" cap found for the southwest corner of said Lot 3, and being in the northeast right-of-way line of Meachem Boulevard, a variable width right-of-way, and being the beginning of a curve to the right with a radius of 1,583.91 feet, a central angle of 21013'13", and a chord bearing and distance of South 71016'29" East, 583.27 feet; THENCE in a southeasterly direction, along said northeast right-of-way line, and along the said curve to the right, an arc distance of 586.62 feet to a 1/2-inch iron rod with "GOODWIN & MARSHALL" cap found for corner; THENCE South 60°39'53" East, continuing along the said northeast right-of-way line, a distance of 232.51 feet to a point for corner; THENCE North 29020'07" East, departing the said northeast right-of-way line, a distance of 66.50 feet to the POINT OF BEGINNING; THENCE North 29012'06" East, a distance of 2.00 feet to a point for corner; THENCE South 60039'53" East, a distance of 19.49 feet to a point for corner; THENCE South 15039'53" East, a distance of 0.73 feet to a point for corner; THENCE South 29012'06" West, a distance of 2.84 feet to a point for corner; THENCE North 15039'53" West, a distance of 1.91 feet to a point for corner; THENCE North 60039'53" West, a distance of 18.65 feet to the POINT OF BEGINNING and containing 41 square feet or 0.0009 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 and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the encroachment tract. /JOSHUA D. WARGO REGISTERED PROFESSIONAL .*'.. '* ......................... LAND SURVEYOR NO.6391 JOSHUA D. WARGO ENCROACHMENT AGREEMENT S. A. & M. G. RAILROAD Co. SURVEY ABSTRACT NO. 1464 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 801 CHERRY STREET, "` """""" , ,� 6391 �, � UNIT 11 SUITE 1300 Kimlev*Horn P' FORT WORTH, TEXAS 76102 91 �F E S S��yo� g01 Cherry SUeet, Unil11, # 1300 Tel. No. (817) 335-6511 PH. 817-962-2193 O S U R v Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com josh.wargo@kimley-horn.com scale Drewnbv Checkedbv Date Project No. SheetNo. N/A CRG JDW 8/14/2024 061262639 1 OF 2 WARGO, JOSH 8/14/2024 3:07 PM K:\FTW_SURVEY\061282639-MAJESTIC RAILHEAD\DWG\MAJESTIC RAILHEAD_ENC OACHMENT I.DWG 0 15 30 PERMANENT SEWER �� FACILITY EASEMENT GRAPHIC SCALE IN FEET INSTRUMENT NO. D224144713 5/8" IRFC "BRITTAIN & CRAWFORD" P.O. C. LOT 3, BLOCK 1 RAILHEAD FORT WORTH, PHASE IV CAB. A, SLIDE 5687 PORTION OF MAJESTIC FORT WORTH PARTNERS, LP VOL, 14229, PG. 267 \\\L3 P.O. B. -� I I I I I NORTH I I I I I I J I / 0.0009 ACRES / 41 SQ. FT. 48 1/2" IRFC / L7—L6 "GOODWIN & MARSHALL" LEGEND \ v / 60• \ A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING \ yT F�Ro \ \ P.RFCO6= IRON ROD FW/ AIP FOUND C7 / \ NNINGVOO 3�gy¢Ono \ 163MF�TN c/� \ LINE TABLE NO. BEARING LENGTH e��` �A \ OTO�FP, IN L1 S60°39'63"E 232.51' 4.40 O�C \ �' �91' T� \ L2 N29°20'07"E 66.50' 6 -, 0� 1 "F\8S2 Oct SFMF \ 1 2 L3 N29°12'06"E 2.00' RO \ L4 S60°39'53"E 19.49' L5 S15°39'53"E 0.73' L6 S29°12'06"W 2.84' I CURVE TABLE r\ ELTA L8 N60°39'53"W 18 65' I C10 I 21D 13'13" I RADIUS 91' I 686 62H I CHORDIB 29 ENG 16602 D \ NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the encroachment tract. ENCROACHMENT AGREEMENT /J/11z /�OFT S. A. & M. G. RAILROAD Co. SURVEY �✓- ��P.G,STEOc •yci� ABSTRACT NO. 1464 /OSHUA D. WARGO �.:• '••..* CITY OF FORT WORTH REGISTERED PROFESSIONAL ... .• ..................:... TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET, """""""'"""""""" UNIT 11 SUITE 1300 `.,,off 6391 �.:' Kimlev*Horn FORT WORTH, TEXAS 76102 •�F OAP'' 91j E S S�•••• y 0 801 Cherry Street, Unit 11, # i300 Tel. No. (817) 335-6511 PH. 817-962-2193 •S U R v Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-fiom.com josh.wargo@kimley-horn.com Sale Drawn by Checked by I Date I ProectNo. Sheet No. 1" = 30' CRG JDW 8/14/2024 1 061282639 2 OF 2 WARGO, JOSH 8/14/2024 3:07 PM K:\FTW_SURVEY\061282639-MAJESTIC RAILHEADZWG\MAJESTIC RAILHEAD_ENCR ACHMENT I.DWG NORTN GRAPHIC SCALE IN FEET 0 25 50 100 IV —� LOT 3,j BLOCK 1 RAILHEAD BUILDING 3 PORTION OF _ ,--Awft—f_ FORT WORTH, PHASE IV 44,715 SF MAJESTIC FORT CI' SS �� SS CAB. A, SL.-5686 WORTH PARTNERS, LP SS P.R.T.C.T. VOL. 14229, PG. 267 16.995 ACRES Tr D.R.T.C.T. I / -- 20' SEWER EASEMENT w a: �W FACy Y \ D224144713 PROP. PRIVATE 24" STORM SEWER W/ HEADWALL r s JPROP.ENCROACHMENTI w Ea LOT 3, BLOCK 3 RAILHEAD FORT WORTH \ \�\ 60' ENSEARCH CORPORATION \ sa CAB. A, SL. 8892 / RIGHT-OF-WAY & EASEMENT P.R.T.C.T. / VOL. 13257, PG. 263 CITY OF FORT WORTH 60' RIGHT-OF-WAY EASEMENT ' I VOL. 7852, PG. 152 \ w \\ D.R.T.C.T. \ ss EXHIBIT A: ENCROACHMENT LIMITS I Kimley>NHorn 21100 i \ 10 20' SEWER EASEMENT I I I NORTH r D224144713 \ I 0 GRAPHIC SCALE 1020IN FEET 40 \ \ \ \ I N I STA: 0+13, STORM LINE A ' INSTALL: \ c \ \ \ \ 1 - 45° BEND V A \ ®V I FL 24": 673.98 STA: 0+00, STORM LINE A . INSTALL: \ STA: 0+36.78, STORM LINE A 1 - SLOPED HEADWALL Y (REF TXDOT DETAIL) INSTALL: FL 24": 673.93 ss 1 - 60° WYE FL 24": 674.04 \ \ FL 24": 674.04 PROP. ENCROACHMENT \ \ S \ \ \ CITY OF FORT WORTH 60' RIGHT-OF-WAY EASEMENT \ VOL. 7852, PG. 152 \ \ \\ \ \ \ D.R.T.C.T. \ ss s \ \ \ \ \ 60' ENSEARCH CORPORATION \ RIGHT-OF-WAY & EASEMENT \ \ ss \ \ \ \ VOL. 13257, PG. 263 / \ \ ` \ "%b EXHIBIT C: ENCROACHMENT PLAN VIEW I Kimley>»Horn M. IU\"C-M\0—.2.45 - MopaVe - R.1N.ad Old, 0\Cad\E.htlt,\E.e,, h...t\24-Oet4— .... N"ea1 — and Pro-d.q [MCRO—ENT RROi1lE] e/14/2014 q: 56Rm er.h: %e511-Md.q din d.q .Sit.d.g .-id .q .E Ufl-q .S—d, .UN-g .51—e ldgl.d.q .U14�ldgl.d.q Y.a,.r 0 0 0 0 10 cn 0 cn 0 it I l-j N �m 1 0+ I STA: 0+0 ). STORM LINE A o FL 24": 673.93 \ INSTALL: FL-'A II. 1 - SLOPED HEADWALL _ _ ------- TRfF1-30-0TMTAIL FL 24": Ei •98 DEPTF :8.24' ro STA: 0+1 3. STORM L NE A a INSTALL: 1-45'BEiND __ _ FL 2 STA: 0+3 �.78. STORM LINE A FL 24": 674.04 Cl)� STA: 0+0 ), STORM LAT A 3 � i INSTALL: T Cn o cl 1 - 60' W (E m cl O O m 4Zi �m m 4 N 0 Z m + Jl Cn co cn 0 (n 0 cn cn 1 O N r Z m D 2 m X X N �O nz �r- ()� C) r-D m� m II I� �4�6 0 EXHIBIT B Certificate of Insurance Tier II Easement Encroaclunent Agreement Page 12 of 12 Revised 12/2022