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HomeMy WebLinkAboutContract 62989Date Received: 3/20/2025 Record Number: PN24-00208 Time Received: 8:56 a.m. City Secretary No.: 62989 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 Recovery Resource Council, Inc., a Texas Corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 2700 Airport Freeway, Fort Worth, Texas 76111 ("Property"), being more particularly described as Lot 2R, Block 7, of Nies and Rouse Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D216189549, in Tarrant County, Texas, and; WHEREAS, the City owns a sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-24-117), which plat is recorded in the plat records of Tarrant County as Instrument D225029296; 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 (the "Encroachment"). Upon completion of the Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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, 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 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. 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 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 12 Revised 12/2022 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. 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. Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 it. 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. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 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. Prior 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. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II 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 N411rHV HArl-&ff By: Dalton Harrell (Mar 19, 2025 12:36 CDT) D. J. Harrell Director, Development Services Department Date: 03/19/2025 � o���b F01, ATTEST: S PVo g=A l/ a��4 nEXP?o4.0 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. W ecca Owen Rebecca Owen (Mar 19, 2025 10:21 CDT) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Recovery Resource Council, Inc. a Texas Nonprof rporatio n By:�h Name: Eric Niedermayer Title: CE Date: j Ce q STATE OF TEXAS § COUNTY O1QjW h.Q4--'t- § t BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Eric Niedermayer, CEO 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 Recovery Resource Council, a Texas corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this tip-"6 day of , 2024. AD Notar Publ' in and for the State o ��•°a^"'P e MARGIE L. HATCHER Notary Public o STATE OF TEXAS Notary ID M 1MIW1 my Cart Dp. NavWbW 18, 2M Tier II Easement Encroachment Agreement Page 9 of 12 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 UNDER MY HAND AND SEAL OF OFFICE this 19th day of March , 2025. )A,v,��27 a(61ee 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 o�Pava�s WENDY L BEARDSLEE 2 n o Notary Public + * STATE OF TEXAS N� GGG�VVV P Notary I.D. 13323719-3 ��OF My Comm. Exp. July 28, 2025 ' Tier 11 Easement Encroachment Agreement Page 10 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 NOBLE AVE L P PITTSBURG PI L7 \ 1- AIRPORT FWY W 7 c~n DIES ST. w (D U) Q w ROU ST. Y O w E 1ST ST. — ul � SITE CHENAULT ST. E 4- -H ST. VICINITY MAP N.T.S. TEXAS REGISTRATION #14199 LENu'IN LEEE .iNu 1903 CENTRAL DRIVE, SUITE #406 EXHIBIT I RECOVERY RESOURCE COUNCIL BEDFORD, TX 76021 VICINITY MAP (2700 AIRPORT FREEWAY PHONE: 817.281.0572 FORT WORTH, TX 76111) MAM ri AYMonaFFtir, rnm 1111�6120 � GRAPHIC SCALE 20 0 15 20 40 I792 18" RCP @ 1.26% (PUBLIC) II STA: 0+22.24 STORM LINE B A co U I INSTALL: 1 - 30° BEND 3 FL 18": 542.71 IN W 18" RCP @ 1.26% (PUBLIC) LLJ 1 Illl STA: 0+45.71 STORM LINE B 94 INSTALL: Ld 3 1 - 4' MANHOLE (PUBLIC) I FL 18": 543.01 IN 9 T DRAINAGE EASEMENT 'r �wIn GAS L NE '�-- L T v ENCROACHING PUBLIC ,yh� SEWER EASEMENT j� it �IIII yy S'_ Ss SS 18 E w I EX. 6" SEWER LINE TO 'Ej� • BE REPLACE WITH 8" PVC. E !! I v 15'x40' ENCROACHMENT EASEMENT > Vl N 1 l; G 18" RCP ENCROACHING PUBLIC SEWER EASEMENT w ELECT. & COMM. LINES Z ENCROACHING PUBLIC N SEWER EASEMENT N U I\%� 18" RCP @ 0.50% (PRIVATE)- 1 STORY WOOD HOUSE s GM M I EXAS REGISTRATION #14199 INJ IALt:inch = 20 ft. 1 - OUTFALL STRUCTURE WITH ORIFICE FL 24": 543.92 IN r-24" RCP @ 1.00% (PRIVATE) STA: 1+25.72 STORM LINE B CONNECT TO BASIN FL 24": 544.00 OUT 21)1 �' LOTS S81°38'43"\N t� ° N /OL. RMURCP COCNCtt, tMC- 'S—D rIA4fri4 _ D2R.T.C.T. - L18' CPI@ 3.00°°/II ° (PRIVATE) SS — I E _ — C S ROPOSED ENCROACHMENT AGREEMENT NUM 15' SEWER EASEMENT =� C 0 LOTS 2-5, BLOCK 7 NIES & ROUSE ADDITION L VOL. 204-A, PG. 111 P.R.T.C.T. LOT LOT 3 LOT C , CONNECT ROOF DOWNSPOUT (PRIVAT FL 6": 547.93 @ 0.70 % MIN. SLOPE (TYP.� — I \ F �.O••TFkgs1�1 *: :* CLAY CRISIY 109800 ENGINEERING 03 CENTRAL DRIVE, SUITE i{406 EXHIBIT 2 RECOVERY RESOURCE COUNCIL �tE�� •; •.!�:••••'r\yi _DFORD, TX 76021 2700 AIRPORT FREEWAY L 10NE:817.281.0572 STORM DRAINAGE PLAN (FORT WORTH, TX 76111) �� �` •ice A17.4jL02S WW.CLAYMOOREENG.COM 1 STORM LINE A PROPOSED GRADE LINE 18" RCP @ 0.50%I (PRIVATE) E'Ll!^=1NG-GRADE-L-IMC �� 550 — \ __ __- � _ 18" RCP @ 0.50% (PRIVATE), 18° RCP @ 0.50% (PRIVATE) 18" RCP @ ).50% (PRIVATE) 18" RCP @ 3.0 )% (PRIVATE) 15' SE1/1'ER EASEMENT 1 545 PROPO3FIka PARIN J FROM GON TECH 18" RCP BtJCROACHING PUBLIC SEWER EASEMENTQ W Z 540 �OLo U) 1-- �E-u') CW Lo + �z� QZ� U) 0u- 537 TEXAS REGISTRATION #14199 ENGINEERING 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PHONE: 817.281.0572 W W W.CLAYMOOREENG.COM Lo 0 In Lo 0+00 / 8" SEWER LINE WITH 20" STEEL ENCASEMENT (DUCTILE IRON) FCOMPA., GAS & ELECF. LINE PARALLEL TO STORIA LINE 7n COMM., GAS & EL ECT. LINES ENCROACHING PUBLIC SEWER E:SEMENT GRAPHIC SCALE 0 0 L0 jES#It 30 0 15 30 60 1 INCH = 3 FT. (VERTICAL) 1 INCH = 30 FT. (HORIZONTAL) EXHIBIT 3 CLUB CAR WASH STORM DRAINAGE PROFILE (10365 E. BLUE MOUND RD., FORT WORTH, TX 76131) i w z J or Opp to °OOP CD + W z Qz� U ULL' J w z J a: O to = p� + J m Lo ��inco ffn- Z LL. 545 u J Q Khoo Z LL OF T �-.�p�E..... do fkgs 101 *' :* ...:............................ CLAY CRISTY 109800 537 1241207� EASEMENT ENCROACHMENT A. McLemore Survey, Abstract No. 1056 City of Fort Worth, Tarrant County, Texas LEGAL DESCRIPTION Being a 0.014 acre tract of land out of the A. McLemore Survey, Abstract No. 1056, situated in the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Lot 2, Lot 9 and Lot 10, Block 7 of Nies & Rouse Addition, a subdivision of record in Volume 204-A, Page 111 of the Plat Records of Tarrant County, Texas, also being a portion of a proposed 15' wide Sanitary Sewer Easement and being more particularly described by metes an bounds as follows: COMMENCING at a 5/8 inch iron rod with illegible yellow plastic cap found in the North right-of-way line of Rouse Street (a 50' right-of-way), being the Southwest corner of Lot 3, Block 7 of said Nies & Rouse Addition, also being the Southeast corner of said Lot 2; THENCE, N06°40'38"W, leaving the North right-of-way line of said Rouse Street, over and across said Lot 2, a distance of 120.55 feet to a point in the South line of said proposed 15' wide Sanitary Sewer Easement, for the POINT OF BEGINNING and Southeast corner hereof, from which a 1/2 inch iron rod with illegible yellow plastic cap found at the Northwest corner of said Lot 3, being the Northeast corner of said Lot 2, bears N74022'26"E, a distance of 15.82 feet; THENCE, N89043'53"W, along the South line of said proposed 15' wide Sanitary Sewer Easement, over and across said Lots 2 and 1, a distance of 40.00 feet to the Southwest corner hereof; THENCE, N00023'54"E, over and across said proposed 15' wide Sanitary Sewer Easement and said Lots 1 and 10, a distance of 15.00 feet to a point in the North line of said proposed 15' wide Sanitary Sewer Easement, for the Northwest corner hereof; THENCE, S89°43'53"E, along the North line of said proposed 15' wide Sanitary Sewer Easement, over and across said Lots 9 and 10, a distance of 40.00 feet to the Northeast corner hereof; THENCE, S00023'54"W, over and across said proposed 15' wide Sanitary Sewer Easement and said Lots 9 and 2, a distance of 15.00 feet to the POINT OF BEGINNING and containing an area of 0.014 acres (600 square feet) of land. Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 1 OF 2 EAGLE SURVEYING EAGLE SURVEYING, LLC 222 S. ELM STREET SUITE: 200 DENTON, TX 76201 (940) 222-3009 TX FIRM # 10194177 JOB NUMBER I DRAWN BY I DATE 2411.059 PM 01-27-2025 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Registered Professional Land Surveyor under the laws of the State of Texas f1 a Mathew Raabe R.P.L.S. # 6402 r.,r.. '��OFF e-� .� �� ; 9N MATTHEW JASON RA. 6402. -7 .0 ESS��� '0 d SURv� Date EASEMENT ENCROACHMENT A. McLemore Survey, Abstract No. 1056 City of Fort Worth, Tarrant County, Texas VEY A MCLEMOR ND p56 AgSTRA LOT 9 BLOCK 7 NIES & ROUSE ADDITION VOL. 204-A, PG. 111 P.R.T.C.T. LOT 10 LOT 8 EASEMENT 10' ALLEY ABANDONMENT [ENCROACHMENT ORDINANCE NO. 27140-09-2024 ACRES (600 SQ.FT.) D.R.T.C.T. L3 J J 1/2" CIRF . . . (ILLEGIBLE) --- L1-------------- LOT 1 PROPOSED 15' SANITARY LOT 3 SEWER EASEMENT POB DOCUMENT No.: D225029296 2 \oo LOT 2 moo' BLOCK 7 NIES & ROUSE ADDITION VOL. 204-A, PG. 111 �r'o to P.R.T.C.T. \ s`S LINE TABLE (ILLEGIBLE) LINE BEARING DISTANCE, L1 N 89043'53" W 40.00' 1 ROUSE STREET L2 N 00023'54" E 15.00' 1 50' RIGHT-OF-WAY L3 S 89043'53" E 40.00' 1 L4 S 00-23-54" W 15.00' 1 NOTE: Bearings are based on GPS observations utilizing the AIITerra RT Network, North American Datum of 1983 (Adjustment Realization 2011). PAGE 2OF2 N LEGEND EAGLE SURVEYING, LLC BOUNDARY MONUMENT 222 S. ELM STREET COIRF CAPPED IRON ROD FOUND 1 SUITE: 200 POB POINT OF BEGINNING EAGLE DENTON, TX 76201 POC POINT OF COMMENCEMENT VOL. VOLUME 940 222-3009 PG. PAGE P.R.T.C.T PLAT RECORDS, SURVEYING TX FIRM # 10194177 , TARRANT COUNTY, TEXAS D.R.T,CT. DEED RECORDS, JOB NUMBER DRAWN BY DATE 1 = 10' TARRANT COUNTY, TEXAS 2411.059 PM 01-27-2025 0 5 10 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022