HomeMy WebLinkAboutContract 62910Date Received: 03/01;202s Record Number: PN24-00206 -------Time Received: 3:10 p.m. -------City Secretary No.: _6_29_1_0 ___ _
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 Texas Ballet Theater, Inc., a
Texas non-profit corporation ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1540 Mall
Circle, Fort Worth, Texas 76116 ("Property"), being more particularly described as
Parcel 5-R and 6-R, of Ridgmar Mall Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D219177278, in Tarrant County, Texas, and;
WHEREAS, the City owns a drainage easement (the "Public Property")
adjacent to the Property, dedicated by plat, depicted on the fmal plat of the property (FS-
76-245), which plat is recorded in the plat records of Tarrant County as Plat Record
Volume 388-110, page 38; and
WHEREAS, Licensee desires to construct, place, maintain, repair, remove and
replace certain improvements which will encroach in, on, above, across 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, across 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, placing, installing, maintaining, repairing, removing and replacing a private Tier II Easement Encroachment Agreement Page 1 of 11 Revised 12/2022
storm line and sewer line (the "Encroachment"). Upon completion of construction of the
Encroachment and during the term hereof, 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 Encroaclunent
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 the
Encroachment, including securing the approval and consent of the appropriate utility
companies and agencies of the State of Texas and its political subdivisions, if required.
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, Licensee shall pay to City an additional amount equal to
such additional cost as reasonably 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 reasonably acceptable to the Director of Transportation and Public Works, the
Director of the Water Department, the Director of the Development Services Department
Tier II Easement Encroachment Agreement Page 2 of 11
Revised 12/2022
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 in accordance with this Agreement,
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.
�
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 1�velve 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.
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 such
noncompliance or is continuing to diligently attempt to remedy such 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.
�
Tier II Easement Encroachment Agreement . Page 3 of 11
Revised 12/2022
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 CLAIlVIS 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. .
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 promptly
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.
Tier II Easement Encroachment Agreement Page 4 of 11
Revised 12/2022
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
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
Tier II Easement Encroachment Agreement Page 5 of 11
Revised 12/2022
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.
Priar to the end of the term of this Agreement, Licensee may submit a new encroachment
application to the City. The City will not unreasonably withhold or delay approval of
such application provided that the Encroachment follows the then current City codes and
compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 11
Revised 12/2022
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By: Dalton Harr:lljv1ar 5, 202512:48 CST)
D.J. Harrell
Director, Development Services Department
Date: Mar 5, 2025
ATTEST:
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.
fl){)//A\ Rebecca Owen (Mar 5, 2025 12:34 CST)
Rebecca Owen
Development Services Mfil\ager
Tier II Easement Encroachment Agreement Page 7 of 11
Revised 12/2022
Licensee:
Texas Ballet Theater, Inc
a Texas 7n-proii torporation
By:
Name: Vanessa .ogan
Title: Executive Director
Date: 2 2�' ��2'�
STATE O�-��_�� §
COUNTY (��J Q�,/C +C � §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
� on this day personally appeared Vanessa Logan, Executive Director, 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 Texas Ballet Theater, Inc., a Texas non-profit
corporation (entity type), and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ��day of
��.
� G� . ^ - , 2025
r
otary Pu ic in d for t�
�
State of�,,{�
_.�"•'�• GAYE ROBERi,SON
=�; �*= My Notery ID # �070645
� .�?�,;� {�;" Expk� J�tue�y 31, 2aZ6
�,..
Tier II Easement Encroachment Agreement Page 8 of 11
Revised 12/2022
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 i_TNDER MY HAND AND SEAL OF OFFICE this 5th day of
M a rch , 2025.
�
I/✓�d���a«/�Pe
Notary Public in and for the State of Texas
�,�pRYP(ie� WENDY L BEARDSLEE
Notary Public
+ � * STATE OF TEXAS
"'T ��� P Notary I.D. 13323719-3
9j�oF��+ My Comm. Exp. July 28, 2025
After recording return to:
Development Services Department
Development Coordination Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 9 of 11
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 11
Revised 12/2022
�
L
�
2 �Z
�
� � N m
-� � K
� N r %
��KH
� (J mYa
� mNILLU1
2
�
�
O
�
�
�
0
LL
�
O
�
�
U
w
_
�
�
�
0
�
�
�
Z
W
�
w
w
�
C�
Q
f-
Z
w
�
2
U
Q
O
�
U
z
w
x
1 '
�
0
�
�
�
�
W
U
�
Q
�
Z
O
�
0
0
Q
J
Q
�
�
Q
�
�
�
�
�
�
z�
o�
Qz
0
J
�
w
0
J
�
0
�
Z
�
0
N w
U
z���
—ui,��
��Z�
w��Z
���_
��ao
�c=i�wa
�
z
a c� � �U
C� '� =7
LEGAL DESCRIPTI�N
EASEMENT ENCROACHMEN7
BEENG a O.U050 acre (217 square foot) tracf of land (�ract '{) anti a 0.4050 acre {216 square foot) tract o# land (Tract
2) situated in the John Colleif Survey, Absfract No. 262, City o# Fori Worth, Tarrant County, Texas; said tracts being a
portion of Parcel 5R, Ridgmar MaIE Addition, an additi�n ta fhe Ciiy o€ Fort Worth according to the plat recorded in
Volume 388-110, Page 38 of the Ptat Records af Tarrant GQun#y, 7exas; said tracts being more particularfy described
as foilows:
TRACT 1
COMMENCING at a cut "X" found for the southwest corner of saic{ Parcef 5R;
7HENC� North 89°26'18" East, along the saufh line t�f said Parcel 5R, a distance of 101.92 feet to a point for the
beginning of a tangenf curve ta the right with a radius of 349.59 feel, a cenfral angle of 14°51`44", and a chord
bearing and distance of South 83°07'S0" �ast, 90,41 feef; from saic! point a mag nail founc[ for corner in the north
line af Tract fVR, Ridgmar Mafl, an addifion to the Cify of �ort 1North according io the plaf recorded in Volume
388-107, Page 74 of said Plat Records bears Soufh QO°33'40" �asi, a distahce of 44.00 feet;
T#iEfVCE in an easterly direction, continuing aiang the said soufh line of Parcei 5R and with said tangent curve
fo the right, an arc distance of 90.66 feet to a poinf for corner in ti�e west line of a 20' storm drain easement
recurded in plat recorded in said Volume 388-1Q7, Page 74;
TME[VCE North 06°38'09" East, departing fhe said south line fl# Parcel 5R and along the sald west line of a 20'
storm drain easement, a distance of 44.50 feef to the POIN7 flF' BEGINNING;
THENCE NortF� 06°38'09" �asi, along the said west line of a 24' storm drain easement, a distanae of 10.85 feet to a
paint for corner;
7HENCE South 60°33'09" East, departing the said r�vest line of a 2{3' starm drain easement, a distance of 21.70 fee#
fo a paint for corner in the east line of said 20' siorm drain easement;
TtiENCE South 06°38'09" West, along fhe said east line of a 2D' storm drain easement, a distance of 10.85 feet to a
poinf for corner;
iHERlCE North 60°33'09" Wasf, departing the said easi iine of a 24` siorm drain easement, a distance of 21.70 feet
to the pOINT OF BEGW NING and containing 217 square feef or fl.fl050 acres of land, more or less,
EASEMENT ENCROACHMENT
PART OF PARCEL 5R
RIDGMAR MALI. ADDITION
JOHN C�LLETT SURVEY,
ABSTRACT No. 262
CITY OF FORT W�RTH
TARRANT COUNTY, TEXAS
REN 1112l312024 10:52 ANi11KIMLEY-HORNICN_FTW�FTW_SURVE4106134390aTEXl�S BALLETTNEATREIDWG108t343906-TEXAS BALLET
LEGAL DESCRIPTION (CONTINUED)
EASEMENT ENCROAC}�MENT
TRACT 2
COMMENCING at the northwest corner of the abave-described Tract 1;
7HENCE Norfh Q6°38'09" East, along the said wesf iine of a 2fl' storm drain easement, a distance of 44.50 feet
to the POINT 0� BEG[NNING;
7HENCE Narth 06°38'fl9" �ast, a{ong the said west firte of a 2C?' siorm drain easement, a distance af 90.79 feei ta a
point for corner;
THENCE South 61°17'37" East, departing the said west line of a 20'storm drain easement, a distance of 21.58 feet
fo a point #or corner in fhe said east line of a 2�' storm drain easemeni;
THEHCE South 06°38'09" West, along the said easf line 4f a 2�' storm drain easemenf, a distance of 10.79 feet io a
point for carner;
7HENCE No�th 63°17`37" West, de�arfing the said east line aF a 20' storm drain easement, a dfstance of 29.a8 feel
to the POINT OF BEGiNN1NG and containing 2'ff square fee# or 0.4050 acres of iand, m�re or less.
N4TES
Bearing system based on the 7exas Coordinate System af 1983 (2b11 adj�stment), Texas North Central (4202).
A survey plat of even susvey date herewith aecompanies this metes and bounds description.
The undersigned, Registered Professional Land Sunreyor, hereby ���i�EASEMENT t�N�R�A�HMENT t��y
sets ouf the metes and bounds of #he encroachment tract.
��� � y �/ � 0�2
(�111CHAEL CLEp BILL.INGSLEY
REGISTERED PROFESSIONAL �
LAND SURVEYOR NO. 6558
801 CH�RRY STREET,
U�iIT 11 SUa�'E 1300
FORi WORTH, TEXAS 76102
PN. 8'i 7-335-6511
michael.billingsley@kimley-horn.com
REN 7112012024 i0:52AM
�sr�
VIICHAEL CLEO BILLIP
����w����������rr•.i�����
�SA 655H
��••�'o _ .. �.
343900-TEXAS
PART OF PARCEL 5R
RIDGMAR MALL ADDITION
JOHN COLLETT SURVEY,
ABSTRACT No. 262
CkTY OF FORT WORTH
TARRANT COUNTY, TEXAS
BALLET THEq
I LEGENa
P.O.C. = PO[NT QF COMMENCING
P.O.B. = POIfdT OF BEGiNNING
MNF = MAG NAIL FOUND
XF = CUT "X" F�UND
z
o�
H�
`� o �
2d' STORM Dl�AIN EASEMENT
(V4L. 388-107, PG. 74)
1
�
J NOR7H
�
1 � 25 50
�
GRAPH3C SCALE IN FFFT
PARCEL 5R j f
RlDGMAR IVIALL ADDlTION I j
(VOL. 38$-190, PG. 38) ( j
� Q d ` L1NE TABLE � ,
�-3 N NO. BFARING LENOTH � C6`
� � � � � L1 N06'3B'09°E 10.85' � /�
V � � p �
a�� l2 S66'33'09"E 21.70' P.Q.p. J�8 ''—�
�- �� L3 SQ6'38'09'W t0.85' (TfiACF2) � r_
' I TRACT 2
Q� L4 N60°33'49'W 21.70' ��� � �.0050 ACRES
C• LS NOB•38'09"E 10.75 i�.�.Ci. M o0
� �l�
� �s se�'97'3�'E 2�.sa� crrucr2� f f 216 SQ. FT.
I L7 S06°38'U9`VY 50.79' <2 �
i8 N61°17'37'1N 21,68' � . /
P.O.B. r �j�g �
P,O.C. crwaor,�
(TRACF 1) p �o f
x� Nas°2s��s°� ��� 1 TRACT 1
� 101 •92' ` � w ��`c�90.qg`, z! j 0.0050 ACRES
'$a3 0�' „� � ..� 217 SQ. FT.
MALL CIRCLE a a �-=9D.ss5o `
a �,,� R`3 1
EMERGENCY ACCESS AND UTILfTI' EASENiEPlT � o d'T4 59'44" _
(VOL. 38i3-107, PG. 7A) �
�
MNF � �
TRACTtVR _
RIDGMAR MALL
(VOL, 38&'f07, PG. 74}
NOTES
\
\
�
-
�
Bearing system based on the Texas Coord€naie System of 'f983 {2011 adjustment), Texas North Central (4202).
A metes and bounds description of even survey date herewith accom�anies this survey plat.
The unciersigned, Registered Proiessional Land Surveyor, hereby certifies that this survey plat accurately sets out
fhe metes and bourtds o# the encroachment tract. EASEMENT ENCROACHMENT
PART OF PARCEL. 5R
RIDGMAR MALL ADDIT(ON
JOHN COLtETT SURVEY
�•�•��• ABSTRACT No. 262
` --. �� 2��Z�! �P��.�o�� �,.
MICHAEL CLEO BILLINGSLEY t�;� ¢- �. o'•;�, CITY OF FORT WORTH
REGIS7ERED f'ROFE5SIONAL �•�.•.�..•..••.�.....•••...••..... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLlNGSLEY
801 CHERRY STREET, •�•`:�:•o•••'•••F•��• � ::•��• �� � � � >�� H � r n
UNIT '19 SUITE 1300 �p 6558 A;
FORT WORTFi, TE.XAS 76102 9�i�':�S s„°•'��a soic��se�ee�,u„tt»,reiaoo res.No.�aizaaas•sst�
PH. 8'( 7-335-6511 S URv FoA 4NoAh, Tazas 78102 FIRM # 10194040 www.kimtey-horn.cam
S_le � brewn bv Clwcked 6v Dele Pro el Na. Sheel N�
michael,biliingsley@kimley-horn.com ,�=�o' GfiW MC8 ,,,zorzoza as,�a3soo 30F3
ILLIS, REN 1 f(20l2024 10:52 Ah11hNIhSLEY-HORMCN_FTVJ�hTW SURVEYt06i3433QD-TEXAS BALEETTHEATR51DWG10613439DD-TEXAS BALLET THEATRE ENCROACHMENTS.DWG
. s
11
_ I
L _ _
r• — -- ,:-_.
�
�
J
J (�
l� �Z a
O
J � O
Uap�
��o�o
ao¢"'
� J
O
I �
i
�
O
W --;.ti .
3
a
- � � -- - � - �
- > m • a __' —r --r -
�
a� ~ p
� Z � �
(� J I � �
- Z � :--� `� F -.. — - �/
_� — — _,' � � '�--�T � > �: ,, �/�
� -- �� �., i a —.I �S/
z
i, � _� — ;a � � i� �'`'
� W _ � a f ��
0
��W^ w a � E- ` a //
aa �_ � a w /��
os ;Q � �_ _ -�, , /
I��� �p O —QU
OHo'• pz - U _d� : / �
!nJ W LIJI J �U � �
o� p�� -� m —wZ ' ". �
w �
NZ O� ,�c- a�n —O� Q� � �
j - o a� K '
I' _ 0-' W N M— O O �
`�F dv� j W�_a� / •% a
_ _ — � � �
__s�-~ - - ��-- __� �
��— — _ ; � \
� I — — � �_ ..-_ -_. - _ - - _
14 �i � i _ � - -- - F-- �
0o i I i 1
. x o �
''� � � o� I 1
� f ! I
� -= i i
.� �
� - - �..�
,
I �, a I J
i - _ � �o I U
W U
I �� � �
O J
� _— - = I �Z�^ � I
� --- - - -. - E- I-- � I
� - � �I
� 1 �. , � '
I I I i f-
�
- — .� � .;�_—�'- � ._ - I
— — — — — — ��d'toG-ass io�S� — — — — -� I I
— — _ _J.n�3miasv3 aannas A�+H � ���� � -1 � I
�
z
w�
Q �
Q U ~ o
�O �¢
� � � �
� W O �
I..I.. �
aw
�
�
W
�
Q
I..L.
�
_ ��
^ mZ
� � m
� ` �a
� � ~�
Z m Y F
Y ��3�
��LL�
� o Y
W c��w
� z H � Q
_��'
O wz��
> a��=
W ���o
wo�
� � a
� ��Q1-
� � � Z Q
W � f� Z Z
jao�o
> N
�
O
� N
w
w
L.L
z
w
Qo
��
U
= O
d �
Q
�
C�
O
� o
� Nr,W Z C
w �-z��� �p � L
> O �WZ� {—Q �n�=N = ��
w � Q�� 2 � O � U � N �.- 'Z
J ��Wo� �w�a�Q �; m�
���¢� ��ao�� � v ��
�L � �wc� zoZ � ° ��
� W w`�z� � W��`�� � z�r�
� Z a �z W� a � u= ;
�j N �U d W �C m�LL�
� � �
Li�i o L� o �n o ln o Co
� c�0 � c�o � � t�D � c�o c�0
z �
W N
� +
= o
U �� +
� �
O_ _--1— � �
� � '' ^ ��.�a - _� -Y=i= -- ;
v._._ � � .___ — , ____ —
z W c� w ,� �
� J Z O
� 0]J�
W � �a �� � �
a w� - �� ; j O
� � � I wa '�0 1 O
W I
a Q a ti W j f�
� � W� N
� z� ' +
W w � r°Oi O
p O �
(� o Z
�O (� 1.f) � � � � I� 1� N
t0 c0 CO (� CO o CO Cfl CO CO
�/� �/'� N
O � O YJ O YJ O � O�0
f� t0 c0 � t1� � � M r� N
�c0 (O c0 CO (� cfl c0 CO c0 c0
z ,�
W , N
� � � ±
�
= o
�
U ��� ii�, +
.
�
,o �
- i l ._ �
- - --
� � - I -i i - - � I i-�- - � - �i � - -� --�--�-
�
o ---- — s— — � —
- - �-- - � - - - - - -- - --
I- I � � �, �
� - - - - - I � I I i j I � I I ' � - '-� �.�.! -
U � °' � _ � � I �6 '9Z �- �y---� � � - � - ��--L �' �
- _ - - — ---- �—
�
`
�
— � �
z - - - I --
.,a - � .�__ -I i._ i _{___ -I -� J Z O I -��- I
-i I-�-I - I Z � I
W o-� � -1 -� �,, i_ aJ� 1 I �
� - - - I ?- i I I ' I � �- � T-
T W � � � �- � -
r- O
C7 � I II� I ! � � � I I ' I c� O � � I � i p
� � � � H
a o I � I i I I�a i X� I I �! � �
t _,_ �
� a � � � � w � � � I � � � � N
O � T Z °O T +
QM O
' � � o� I
�Z
� O (O CO t17 l(') � � � I'7 I'� N
( � C O C O ( O c 0 ( D o t D ( O ( D C O
N
EXHIBIT B
Certi�cate of Insurance
Tier II Easement Encroachment A�-eement Page 11 of 11
Revised 12/2022
��