HomeMy WebLinkAboutContract 62373Date Received: 12/02/2024
Time Received: 11:19 a.m.
Record Number: PN24-00155
City Secretary No.: 62373
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 Carmax Auto Superstores, Inc., a
Virginia corporation ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 4600
River Ranch Boulevard, Fort Worth, Texas 76132 ("Property"), being more particularly
described as, being a 11.628 acre tract of land situated in the George Shields Survey,
Abstract Number 1436, Tarrant County, Texas, being a portion of the tracts of land
described in the deed to Edwards Geren Limited recorded in Volume 12915, Page 394,
Deed Records of Tarrant County, Texas and a portion of the tract of land described as
Tract 3 in the deed to Cassco Land Company, Inc. recorded in Volume 5783, Page 618,
as recorded in Deed Records, by Instrument Number D212165928, in Tarrant County,
Texas, and;
WHEREAS, the City owns a sanitary sewer (the "Public Property") adjacent to
the Property, dedicated to the City in an easement filed in the Tarrant County Deed
Records as depicted on the final plat of the property (FS-13-105), which is recorded in
the deed Records of Tarrant County as Instrument Number D213267068, 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 1 of 12
Revised 12/2022
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 irrigation line (the "Encroachment"). Upon
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
N
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
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
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, and to submit an invoice to the Licensee
for the costs expended by the City in taking such action. If Licensee fails to pay said
receipt within (30) days of receipt, 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
Tier II Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
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,
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, EXCEPT TO THE EXTENT THAT SUCH DAMAGE, LOSS, OR
INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, OR LICENSEES OF THE CITY.
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
Tier II Easement Encroachment Agreement Page 4 of 12
Revised 12/2022
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.
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
Tier II Easement Encroachment Agreement Page 5 of 12
Revised 12/2022
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 at a then -current market rate and
reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
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
Tier II Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier 1I Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of Development
Services Department
City:
CITY OF FORT WORTH
zz--�
By: Dalton Harrell (Nov 26, 202410:41 CST)
D. J. Harrell
Director, Development Services Department
Date: Nov 26, 2024
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ATTEST:
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Pvo o=p
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Hye Won Kim
Assistant City Attorney
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 (Nov 26, 2024 09:39 CST)
Rebecca Owen
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 12
Revised 12I2022
Licensee:
By: .�
Name: Scotl Sawyer -
Title: Assistant Vice President
STATE OF VIRGINIA §
COUNTY OF GOOCHLAND §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Virginia , on this day personally appeared Scott Sawyer, Assistant 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 CarMax Auto
Superstores Inc., a Virginia corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /AA- day of November,
2024.
l
Notary Public in and for the
State of Virginia
MELISSA D. HALL
NOTARY PUBLIC
REGISTRATION # 7135931
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JANUARY 31, 2027
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
0 11 6V 10:' ll100 Oil AN Y 1 itij 29 0WNW VLORL'i 0:tll W W t41 &111-4IL1m1���t
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 26th day of
November , 2024.
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement
pRY ullu
KATHLEN EBRADFORDNotary Public
STATE OF TEXAS
Notary I.D. 12197197
My Comm. Exp. Apr. 12, 20,
- - - - - - - - - - - - - -
Page 9 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
® Stantec
EASEMENT
ENCROACHMENT AGREEMENT
GEORGE SHIELDS SURVEY, ABSTRACT NO. 1436
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING A 140 SQUARE FOOT (0.0032 ACRE) TRACT OF LAND SITUATED IN THE GEORGE SHIELDS SURVEY,
ABSTRACT NUMBER 1436, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 2R,
BLOCK 1 OF CARMAX RIVER RANCH, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S NUMBER D213267068, PLAT RECORDS
OF TARRANT COUNTY, TEXAS (P.R.T.C.T.), AND BEING A PORTION OF A CALLED 11.628 ACRE TRACT OF LAND
DESCRIBED IN A SPECIAL WARRANTY DEED TO CARMAX AUTO SUPERSTORES, INC., RECORDED IN COUNTY
CLERK'S NUMBER D212165928, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND
ALSO BEING A PORTION OF A 10 FOOT SANITARY SEWER EASEMENT DESCRIBED IN A DEED TO THE CITY OF
FORT WORTH, RECORDED IN VOLUME 6932, PAGE 270, DEED RECORDS, TARRANT COUNTY, TEXAS; SAID 140
SQUARE FOOT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A MAG NAIL FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 2P, BLOCK 1, SAME BEING
THE NORTHEAST CORNER OF LOT 1 R, BLOCK 1 OF SAID CARMAX RIVER RANCH ADDITION, AND BEING IN THE
WEST RIGHT-OF-WAY LINE OF RIVER RANCH BOULEVARD (120-FOOT PUBLIC RIGHT-OF-WAY);
THENCE NORTH 01°31'42" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID RANCH RIVER BOULEVARD,
A DISTANCE OF 27.68 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING THE WEST RIGHT-OF-WAY LINE OF SAID RANCH RIVER BOULEVARD, OVER AND ACROSS
SAID LOT 2R, BLOCK 1, THE FOLLOWING CALLS:
NORTH 88"28'18" WEST, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER;
NORTH 01 °31'42" EAST, A DISTANCE OF 14.00 FEET TO A POINT FOR CORNER;
SOUTH 88°28'18" WEST, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-
WAY LINE OF SAID RANCH RIVER BOULEVARD;
THENCE SOUTH 01 °31'42" WEST, A DISTANCE OF 14.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID
RANCH RIVER BOULEVARD, TO THE POINT OF BEGINNING CONTAINING A COMPUTED AREA OF 140 SQUARE
FEET OR 0.0032 ACRES OF LAND.
NOTES:
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION.
THE BEARINGS CALLED FOR HEREIN ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM, (NORTH
CENTRAL ZONE, NAD83), BASED ON THE LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK.
U:1222012538\civillphase_01\drawing\exhibit\encroachment-exhibits\12538v_ex_priv_stm_encr agmt_desc.docx Sheet 1 of 3
REMAINDER OF LOT 1R, BLOCK 1
CALLED 11.828 ACRES CARMAX RIVER RANCH
CARMAX AUTO SUPERSTORES, INC
DOC. NO. D212165928 DOC. NO. D213267058
O.P.R.T.C.T. O. P.R.T. C.T.
MAD NNL—,,
FND (CM) r '
(A 15' DRAINAGE EASEMENT I
Op VOL ST9S, PC. 838, O.R.T.a T. I R
S t0 LOT 2R, BLOCK 1 15' SANITARY SEWER EASEMENT co
iP U' CARMAX RIVER RANCH DOC. NO. D213125263
O t0 O.P.R.T.C.T.
x DOC. NO, D213257059
O.P.R.T.C.T. 20' DRAINAGE EASEMENTJ"
DK m V DOC. NO. D213125263
In j O > O.P.R.T.C.T. II i
LREMAINDER1.8I11
� 4 CALLED 11.828 ACRES 5' DRAINAGE EASEMENT
EASEMENT Z O A CARMAX AUTO SUPERSTORES, INC. DOC. NO. 0213125283
ROACHMENT 5 U 4, DOC. NO. D212185928 O.P.R.T.C.T. ?
O.P.R.T.C.T.
xo soumm FEET c� o W I I
(0.0032 ACRE)
10' SANITARY SEWER EASEMENT
L4 VOL 8932. 270 II
— — — DR.T.C.T �--1
.T�
J/2" CIRF
POC
FND (CM) POB
FAO NAIL RIVER RANCH BOULEVARD
(120' PUBLIC R.O.W.)
10' UTILITY EASEMENT VOL 3BB-93, PG. 453, P.R.T.C.T.
(ONLY ON LOT 1R, BLOCK 1)
DOC. NO. D213125263 PUBLIC OPEN
E E SPACCASEMENT
O.P.R.T.C.T. VOL EA 5, PG. 7
P.R.T.C.T.
PUBLIC OPEN \ \
r SPACE EASEMENT
PUBLIC OPEN 1 I VOL. 38B-145, PG. 7
VOL- EASEMENT
I 1
LOT ], BLOCK 1 P.R. T.C.T.
1iULEN MALL ADDITION P.R.T.GT. I 1 II 1 LOT 5, BLOCK 7
VOL. 3BB-123, PG. 55 p• UTILITYENT HU
EASEMENT MALL ADDJTION
P.R.T�—C.7. VOL 6878 PG 1634 1 I I I VOL. 388-145, PG. 7
— — —
— — — — D.R.T.C_T.—— J
� II P.R.7.C.7.
I 1 NIT 25' INGRESS - EGRESS m
- — — — — —1 I - — — — — — — -- — — DRAINAGE EASEMENT I II I VOL 388-14!, PG. 7
1 I I I P.R.T.C.T,
CIIIEND
COIF
CLEF ROD FOUND
FND.
FOUND
P.RT.C.T.
PLAT RECORDS OF TARRANT
COUNTY, TEXAS
O.P.RT.C.T.
OFFKIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS
(CM)
CONTROLLING MONUMENT
POO
POINT OF BEGINNING
POC
POINT OF DOMMENDNG
DOC., NO.
DOCUMENT, NUMBER
VOL, PG.
VOLUME, PACE
IN5T. NO.
INSTRUMENT NUMBER
R.O.W.
RIGHT-OF-WAY
*SEE SHEET 3 OF 3 FOR LINE TABLE
® NOTE$
A FIELD NOTE DESCRIPTION WAS PREPARED
EASEMENT ON EVEN DATE TO ACCOMPANY THIS SKETCH.
BDBO Te"rryson Pkny, Bole 200 ENCROACHMENT AGREEMENT BEARINGS SHOWN HEREON ARE REFERENCED
Plana, Texas 7SD24 TO THE TEXAS STATE PLANE COORDINATE
Tel.(z14)473-2400 GEORGE SHIELDS SURVEY, ABSTRACT NO, 1438 SYSTF� (NORTH CENTRAL ZONE, NAD B3)
TBPELS% F 6324610144488 BASED ON LDCA GEOSYSTEMS NORTH TEXAS
Capy t912024 CRY OF FORT WORTH, TARRANT COUNTY, TEXAS SMARTNET NETWORK.
DATE. 8a=4 SCALE: 1-100' 1 DRAWN BY: KM I PRLUECT NO_ 222012538 1 SHEET NO. 2 OF
1:\222012538\clrll\phax_01\dr >Ing\exhlblt\en hmwt-exhrblta\12538v-a.h-�ncr_agmtM.dMg Aug 8, 24 1033 AM by Iarmraz
MICHI(E� U. MUAI�AY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5724
I
LINE TABLE
LINE Q
BEARING
DISTANCE
L1
N 01'31'42" E
27.68'
L2
N 88'28'1B" W
10.00'
L3
N 01'31'42" E
14.DO'
L4
S 88-28'18" E
10.Go'
L5
S 01'31'42" W
14.00'
Softnuc
EASEMENT
9"'�2D°
ENCROACHMENT AGREEMENT
P1aro, Texas 75024
Pl—.Tnnyeo5024
Tel.(214) 47324M
GEORGE SHIELDS SURVEY. ABSTRACT NO. 11436
76PELS M F-6324 d 101 D4486
CopyrightO 2024
L1
CRY OF FORT WORTH. TARRANT COUNT TEXAS
DATE: BIE2024 SCALE. WA
I DRAWNBY:KM I PROJECT NO.. 222012538 1 SHEETNO.3CF3
NOTES
A FIELD NOTE DESCRIPTION WAS PREPARED
ON EVEN DATE TO ACCOMPANY THIS SKETCH.
�•yC
BEARINGS SHOWN HEREON ARE REFEfIEiCED
TO THE TEXAS STATE PLANE cDormINATE
\
SYSTEM NORTH CENTRAL ZONE, NAD B3))
1
BASED LEICA GEOSYSTEMS NORTH TEIM
NICHAEL MURF'd
SMARTNET NETWORK.
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5724
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ENCROACHMENT
AGREEMENT
P'222012538
EXHIBIT A
VICINITY MAP
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5 J � 693 � I � � CD = 257.98'
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0 Off. D]13125 3
�D R.RlI ER RANCH BOULEVARD �
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CARMAX STORE #7181
(HULEN MALL)
ENCROACHMENT
AGREEMENT
P N
222012538
EXHIBIT A
SITE PLAN
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a 2024,08.08
aG� + x-xxx # �
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I
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EA
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PROFILE W-1
CARMAX STORE #7181
EXHIBIT C
(HULEN MALL)
WATER PLAN & PROFILE
ENCROACHMENT
I
AGREEMENT
# 2024,08.08
222012538
X-xxx
EXHIBIT B
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022