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HomeMy WebLinkAboutContract 62424Date Received; 12/11/2024 Time Received: 11:00 a.m. Record Number: PN24-00100 City Secretary No.: 62424 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 QTS Investment Properties Fort Worth, LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 14052 Park Vista Boulevard, Fort Worth, Texas 76177 ("Property"), being more particularly described as, being Lot 4R, Block 3, of Alliance Gateway North, and addition to the City of Fort Worth, an Addition to the City of Fort Worth, Tarrant/Denton County, Texas, as recorded in Deed Records, by Instrument Number D216294215; and WHEREAS, the City owns a sanitary sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS- 22-065), which is recorded in the plat records of Tarrant County as Instrument D224010142 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 two storm drains (the "Encroachment"). Upon completion of Tier II Easement E«croachment Agreememit Page 1 of 12 Updated 2024 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." 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 tirne 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 Tier II Easement Encroachment Agreement Page 2 of 12 Updated 2024 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 within thirty (30) days of written notice from City requesting such removal and restoration or fails to submit a plan of removal and restoration, including the estimated date of removal and restoration, acceptable to the City, 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. G. 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 One Thousand Twelve Dollars and Fifty Cents ($1012.50). 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 subject to cure period. City shall notify Licensee in writing of any such noncompliance. If Licensee (a) fails to cure the noncompliance within thirty (30) days of written notice from City; or (b) fails to submit a plan of cure, including the estimated date of cure, acceptable to the City, and Licensee fails to take reasonable measures to cure the noncompliance or continue to diligently attempt to remedy the noncompliance, then the City may terminate this Agreement. 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. Tier II Easement Encroachment Agrecnlent Page 3 of 12 Updated 2024 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 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, PROVIDED HOWEVER LICENSEE'S COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY SHALL NOT INCLUDE SUCH DAMAGE, LOSS, OR INJURY THAT IS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES 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 bolder 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 Tier Il Easement Encroaclitimit Agreement Page 4 of 12 Updated 2024 the Building Official of the City. A copy of such Certificate of Insuuance 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 performing work on the Encroachment. 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 tights 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 tight to use or occupy property in which a Tier 11 Easement Encroachment Agreement Page 5 of 12 Updated 2024 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 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) clays 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 Encroach merit Agreemejit Page G of 12 Updated 2024 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier 11 Easement Encroachment Agreement Page 7 of 12 Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF PORT WORTH z -A— By: Dalton Harrell-V4ov27,202410:48 CST) D. J, Harrell Director, Development Services Department Date: ATTEST: Nov 27, 2024 1�� � -&-z:,�, Jannette Goodall, City Secretary q vunn�� pOF FORT�QO o0°9,;°0o Approved As To Forth and Legality Vo'P4 aaQduaEaogab �g��ZUnirv/ �"" 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 27, 202410:36 CST) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachrimit Agreeme€it Page 8 of 12 Updated 2024 Licensee: QTS Investment Properties Fort Worth, LLC a Delaware limited liability company By: QualityTech, LP a Delaware limited partnership its sole member By: QTS Realty Trust, LLC a Delaware limited liability company its general partner Name: David Robey Title: Chief Operating Officer 2 Date: I I C Z 1Za ZW STATE OF VA - COUNTY OF �en f ! c o § /—BEFORE ME, the undersigned authority, a Notary Public in and for the State of Y `T , on this day personally appeared David Robey, Chief Operating Officer 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 QTS Investment Properties Fort Worth, LLC a limited liability company, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this P ,;� day of I V D V eA be (2024. 00 1,151111111,1,/, C?UVAt r,a r9o8 Notary Public in and for the `a State of Y ►•"' 0 I'll, I Tier II Easement Encroachment Agreeinent V Updated 2024 Page 9 of 12 '• 1 ''' 1 i }'�1 i 1 I i r. �. 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 ine 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 IIAND AND SEAL OIL OFFICE this 27th day of November 52024, G11ew(tl EeakG(f(eg Wendy Bea rds%e (Nov 27, 2024 10:53 CST) Notary Public in and for the State of Texas O p,R� PIiB, WENDY L BEARDSLEE _ Notary Public ► STATE OF TEXAS NT9T +P Notary I.D. 13323719-3 FOFte My Comm. Exp. July 28, 2025 Tier 11 Easement Fncroachnient Agreement Wage 10 of 12 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Eaicroackiment Agreement Page I I of 12 Updated 2024 LEGAL DESCRIPTION EASEMENT ENCROACHMENT BEING a 0.0275 acre (1,200 square foot) tract of land (TRACT 1) and a 0.0230 acre (1,000 square foot) tract of land (TRACT 2) situated in the Francisco Cuella Survey, Abstract No. 267, City of Fort Worth, Tarrant County, Texas; said tracts being part of Lot 4R-1 R3, Block 3, Alliance Gateway North, an addition to the City of Fort Worth according to the plat recorded in Instrument No. ©224010142 of the Official Public Records of Tarrant County, Texas; said tracts being more particularly described as follows: TRACT 1 COMMENCING at a 518-inch iron rod with "KHA" cap set in the east right-of-way line of Park Vista Boulevard (a variable width right-of-way); said point being the northwest corner of said Lot 4R-1 R3; THENCE South 89056'15" East, departing the said east line of Park Vista Boulevard and along the north line of said Lot 4R-1R3, a distance of 187.98 feet to a point in the north line of a 40' sanitary sewer easement dedicated by said plat; THENCE South 00°03'45" West, departing the said north line of Lot 4R-1R3, a distance of 87.59 feet to the POINT OF BEGINNING; THENCE South 89'55'17" East, a distance of 40.00 feet to a point for corner; THENCE South 00°03'45" West, a distance of 30.00 feet to a point for corner; THENCE North 89°55'17" West, a distance of 40.00 feet to a point for corner; THENCE North 00°03'45" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 1,200 square feet or 0.0275 acres of land, more or less. TRACT 2 COMMENCING at a 5/8-inch iron rod with "KHA" cap set in the east right-of-way line of Park Vista Boulevard (a variable width right-of-way); said point being the northwest corner of said Lot 4R-1 R3; THENCE South 89856'15" East, departing the said east line of Park Vista Boulevard and along the north line of said Lot 4R-1 R3, a distance of 356.75 feet to a 518-inch iron rod with "KHA" cap set; THENCE North 74837'42" East, continuing along the said north line of Lot 4R-1R3, a distance of 24.58 feet to the POINT OF BEGINNING; EASEMENT ENCROACHMENT PART OF LOT 4R-1 R3, BLOCK 3 ALLIANCE GATEWAY NORTH FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimle-y*Horn601t1.76511 Pod Worth, Texas 76102 FIRM # 10194040 vww.kiniley-ham.dam Scale Drawn by Cheaad by Date ro ecl No. Sheet No NIA KHA KHA 512112024 081280018 1 OF 2 BILLINGSLEY, MICHAEL 5121I2024 11:58 AM NiKIMLEY-HORMCN FTWIFTW SURVEM61290018 QTS ALLIANCE GATE AYOWG1061 90018 OTS LHANCE GAI NAY SS ENCROACHMENT.DWG THENCE North 74°37'42" East, continuing along the said north line of Lot 4R-1 R3, a distance of 25.00 feet to a point for corner; THENCE South 15017'46" East, departing the said north line of Lot 4R-1 R3, a distance of 40.00 feet to a point for corner; THENCE South 74°37'42" West, a distance of 25.00 feet to a point for corner; THENCE North 15°17'46" West, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1,000 square feet or 0.0230 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 the foregoing description accurately sets out the metes and bounds of the encroachment tracts, EASEMENT ENCROACHMENT PART OF LOT 4R-1 R3, BLOCK 3 ALLIANCE GATEWAY NORTH FRANCISCO CUELLA SURVEY, .� .0fir„ T ABSTRACT NO, 267 MICHAEL OLEO BILLINGSLEY AP2''��`S �RFq co04 CITY OF FORT WORTH REGISTERED PROFESSIONAL.. REG[S ......f.�.....o....•.. TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAELCLEO BILLINGSLEY 801 CHERRY STREET, +•,•••••••••••.••••••••••••••••••• UNIT 11 SUITE 1300 ..0 6558 �. `�pt•��_;``'O� gtio�. Kimlev*Horn FORT WORTH, TEXAS 76102 S,S �``.Orr (- VVV Hi Cherry 5€feel, Unil 11, # 1.0 Tel. No. (817) 335-6511 Foil Wodh, Texas 76102 FIRM # PH 817-335-6511 S t]l V 10194040 vAwAlmley-hom.com michael.billingsiey@kimley-horn.com Sca a W I v Drav h CBecked by I tla e 1 024 o ec No Sheet No. KHA KHA 5121 061 0018 201`2 BILLINGSLEY, MICHAEL 512112024 11:SS AM kIKIMLEY-HORNSCN FTWIFTW SURVEW81290WB QTS ALLIANCE GATE( VAY0VVGk06f2000l8 QTS ALLIANCE (34WAY_SS ENCROACHMENT.DWG n 0WU-:& LINE TABLE LINE TABLE NORTH NO. BEARING LENGTH NO, BEARING LENGTH I I Li S8$'55'17"E 40.00' L5 N74°37'42"E 25.00' 0 40 80 L2 SOO°03'45"W 30.00' L6 S15°17'46"E 40,00' L3 N89°55'17"W 40.00' L7 S74°3742'W 25.00' GRAPHIC SCALE IN FEET L4 1\100"03'45"E 30.00' L8 N15"IT46"W 40.00' 49 SANITARY SEWER EASEMENT (INST, NO, 0224010142) I LOT 4R-1 R2, BLOCK 3 ALLIANCE GATEWAY NORTH P.O. B. I (INST. NO, D224010142) TRACT 2 SC IRSC� L5 889°56'15'H 366,75' _ S89°56'15°E 187.98' T C P.O.C. N74°3742"E >� `r L ( 24.68' Co P.O.B. 0.0230 ACRES I TRACT 1 0.0275 ACRES 1,000 SQ. FT. L 1,200 SQ, FT. _ _ _ � LOT 4R-1 R3, BLOCK 3 — — ALLIANCE GATEWAY NORTH L3 (INST. NO. D224010142) I I LOT 7R2, BLOCK 3 LOT 10, BLOCK 3 + ALLIANCE GATEWAY NORTH ALLIANCE GATEWAY NORTH (INST. NO. D217113414) (INST. NO. D208290670) I LEGEND P.O.C. = POINT OF COMMENCING — — — P.O.B. = POINT OF BEGINNING IRSC = 518" IRON ROD W1 "KHA" CAP SET 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 tracts, EASEMENT ENCROACHMENT PART OF LOT 4R-1 R3, BLOCK 3 ALLIANCE GATEWAY NORTH FRANCISCO CUELLA SURVEY, ,0F.,•T TT ABSTRACT NO. 267 MICHAEL CLEO BILLINGSLEY cor•``G1 �FN CITY OF FORT WORTH REGISTERED PROFESSIONAL •.. .••••••••••••••••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO HILLINGSLEY 801 CHERRY STREET, •••••••,,••••••"•••••••••••�•••�• UNIT 11 SUITE 1300 `'q 6558 •� ���0'. Kmle >>> Horn FORT WORTH, TEXAS 76102 � S�5 a.OI�O� 601 Ghe" Slreel, Unit 11,41300 lei. No. (817) 335-651 PH. 817-335-6511 Fw Worth, Texas 76102 FIRM # 10194040 wvavAimleyhom,wm michael,billin sle kimle-horn.com g Y@ Sca o bra b 1' w" y I N . Checked by PaLe to ecl o Shea1 No. I ' Y r�=so� Mca 0 KHA firzsrzoz4 o61290016 3oF2 HiLLINGSLEY, MICHAEL W112024 11:58 AM 11KIMLEY-HORMr-N FTWSFTW SURVEY1061290018 0TS ALLIANCE GATE4 VAYOWG106�290018 QTS ALLIANCE GAYIWAY_SS ENCROACHMENT.6WG x `< x 9 a O- z i j EXISTING 12" WATER MAIN �- GRAPHIC SCALE IN FEET 0 125 250 500 ; EXISTING 8" SEWER i U ... -L 4 L07 4R-3, BLOCK 3 _ I .. -� LOT 4R-2, BLOCK 3 'r �� �� -- ALLIANCE GATEWAY NORTH 1 N _LIANCE GATEWAY NORTH`. -W 0 x EXIUJNG 12" WATER MAIN X-20589 09 jr ! LOT 4R-1, BLOCK 3 1 1, ALLIANCE GATEWAY NORTH - x ,� ° v DCISTING 8" SEWER -_-,- 1 EXISTING 12" WATER MAIN . a EXISTING 12" WATER MAIN X.a0589y;', .'." x U- " x Q - FUTURE 8" PUBLIC SEWER 2 EXISTING 12" WATER MAIN X-20589 �a IEXISTING B"SEWER,_ •� -+I'� a= nl T V QTS DATA CENTER: .:,� `— -- — 260 East Davis Street, Suite 100 a QTS DATA CENTER PARK VISTA BOULEVARD McKinney, TX 75069 x� 14100 Park Vista Boulevard Phone: 469-301-2580 %x Fort Worth, Texas ENCROACHMENT KEY/VICINITY MAP State of Texas Registration Na. F-928 Y .. m 0 it X i PROPOSED 40' SEWER EASEMENT NORTH f� ENCROACHMENTAREA c� GRAPHIC SCALE IN FEET m (} 5 10 2+0 PROP. 3" DOM. WATER SERVICE 0 M PROP_ 8" FIRE SERVICE r 4)' •-----------H=---------- ---------------_...,-. 0 QTS DATA CENTER- 14100 Park Vista Boulevard Fort Worth, Texas EXISTING 8" SEWER ENCROACHMENT #1 Kim ley»>I'll orn 260 East Davis Street, Suite 100 McKinney, TX 75069 Phone:469-301-2580 State of Texas Registration No. F-928 E �2 CATS DATA CENTER 5-1 .1 14100 Park Vista Boulevard iCO Fort Worth, Texas w EDc EX I8" WA!TEf Z ELEV:695.22 . .............. EX 2" WATER S -2+62 A T-A, -.-b- ELEV:1696.80 j LFPV--S mley*Horn 260 East Davis Street, Suite 100 McKinney, TX 75069 Phone: 469-301-2580 ENCROACHMFNT#1 State of Texas Registration No. F-928 _ r r QTS DATA CENTER- 14100 Park Vista Boulevard Fort Worth, Texas ;APH1C SCALE IN FEET 5 1�0 20 11riff N m I e., * H o r n 260 East Davis Street, Suite 100 McKinney, TX 75069 Phone_469-301-2580 ENCROACHMENT #2 State of Texas Registration No. F-928 0 0 TO 4 rc�i d Q w U p ul FU) a� U) I I li i I I 73. 24'" STORM! —'=-- - 'STA:5+29:33 ' ---,, EL[-V_698.22 ! ; I -- I I ...... ........ an< QTS DATA CENTER: 14100 Park Vista Boulevard Fort Worth, Texas mm , �x *>> 260 East Davis Street, Suite 100 McKinney, TX 75069 Phone: 469-301-2580 tNCROACHMENT #2 State of Texas Registration No. F-928 EXHIBIT B Certificate of Insurance Tier 1I Easement Encroachment Agreement Page 12 of 12 Updated 2024