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HomeMy WebLinkAboutContract 63021Date Received: 3/27/2025 Time Received: 8:53 a.m. Record Number: PN25-00025 City Secretary No.: 63021 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 Four Roses Private Select, LLC, an Ohio limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 412 North Riverside Drive, Fort Worth, Texas 76111 ("Property"), being more particularly described as, Lot 2-RB, Block R-1, of Riverside High School Addition an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223213859; and WHEREAS, the City owns a variable width drainage easement (the "Public Property") adjacent to the Property, dedicated by plat, which plat is recorded in the plat records of Tarrant County as Instrument D202039344; 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 private storm drainage pipe connecting to drop inlet within the City's drainage easement (the "Encroachment"). Upon completion of the Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I 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. 11 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 H 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier H Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 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 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 11 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 I1 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 b44ftH-v tAIP-1-O& By: Dalton Harrell (Mar 27, 2025 08:26 CDT) D. J. Harrell Director, Development Services Department Date: Mar27,2025 ©, ATTEST. rOF.'"'waA Ov' 8Sp 444 Il naoas4�a 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. Pebecca. Owen Rebecca Owen (Mar 24, 202510:09 CDT) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 1I Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Four Roses Private Select, LLC an Ohio limited liability company By: l k "�1 �t_. Name W. Scott Stough Title: CEO Date: -)1?�'r22 S r STATE OF _0 t� § COUNTY OF,hlti 1.� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of 01+on this day personally appeared W. Scott Stough, 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 Four Roses Private Select, LLC, an Ohio limited liability company, and in the capacity therein stated. /I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 0" , 2025. Nota Public in and for the State of Off' JILLAFOLZ a �+ Notary Public State of Ohio My Comm. Expires oti. o L February 11, 2026 Tier II Easement Encroachment Agreement Page 9 of 12 Revised 12/2022 li�� iI =10i :ill I r'LU a 10i N RUM N 16 lIJ 0 0 lM DRlly NUKI a Pita 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 LAND AND SEAL OF OFFICE this 27th day of March , 2025. Ir✓�rd���ee Notary Public in and for the State of Texas oPaYPce WENDY L BEARDSLEE _ n Notary Public STATE OF TEXAS GGGVVV P Notary I.D. 13323719-3 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 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 EXHIBIT "A" DESCRIPTION OF ENCROACHMENT AGREEMENT Being a tract of land situated in the city of Fort Worth, being a part of Lot 1—RA, Block 1—R, Riverside Highschool Addition, an addition to the city of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded under Instrument No. D224172795, Deed Records, Tarrant County, Texas, and being more particularly described my metes and bounds as follows: COMMENCING a 5/8—inch iron rod with cap stamped "BGT" found in the East line of North Riverside Drive, a 120 foot public right—of—way, being the Northmost Western corner of said Lot 1—RA, also being the Southwest corner of Lot 2—RB, of said Block 1—R, Riverside Highschool Addition; THENCE South 89'36'06" East along the South line of said Lot 2—RB, a distance of 149.96 feet to a 5/8—inch iron rod with cap stamped "BGT" found for corner; THENCE South 73'48'39" East continuing along said South line of Lot 2—RB, a distance of 37.67 feet to a point for corner; THENCE leaving the said South line of Lot 2—RB and crossing said Lot 1—RA the following 6 courses and distances South 00'00'00" East, a distance of 24.26 feet to a point for corner; South 81'33'03" East, a distance of 73.75 feet to a point for corner and being the POINT OF BEGINNING of this; North 00'42'48" East, a distance of 10.09 feet to a point for corner; South 81'33'03" East, a distance of 17.96 feet to a point for corner; South 08'26'57" West, a distance of 10.00 feet to a point for corner; North 81°33'03" West, a distance of 16.60 feet to the POINT OF BEGINNING and containing 172.8 square feet or 0.0040 acres, more or less. Dav1 .Henderson ' Registered Professional Land Surveyor No. 4489 In the State of Texas Prepared By: Benchmark Group of Texas, Inc. 1222 E. Arapaho Road, Suite #314, Richardson, Texas 75081 \� LAND SURVEYORS Phone (972) 680-3037 Fax (972) 680-3052 \\\ License No. 10120700 of T� � R s ,f a .7 DAVID M. HENDERSON r\7 4489 c;:`Q� SU_R Drawn By: WP Checked By: MC Scale: 1" = 60' Date: 02/03/25 BGT Project N0: 2591701 0' 60, 120' SCALE 1" = 60' SHEET 1 OF 3 C:1Userslcommb1Benchmark Group of Texas, lnclCommercial - DocumentslArchive Only 2512025dwg1259170112591701.gxd -- 02/20/2025 -- 09:51 AM -- Scale 1 : 720.00 cal V) C D Q m ZD cy- Cy 0` N I POINT OF EXHIBIT "A" \\ EXHIBIT OF ENCROACHMENT AGREEMENT 1 CD LOT 2-RB °W BLOCK 1-RLn RIVERSIDE HIGHSCHOOL ADDITION a INST. NO. D224172795 D.R.T.C.T. LOT 1-RAC - '' BLOCK 1-R' RIVERSIDE HIGHSCHOOL _ . ... ..... ... ..... ... ... ADDITION INST. NO. D224172795 STORM t> R r ACiLITY D.R.T.C.T. MAINTENANCE r r - EMEN T INST_ NO. ' 27 39 1831 � ID S 89"36'06"E S 73°4'39"E �j iS4 FlRC 5/8 T'BGT" �9.99 -• 149.96' ' J � _ .. 1u_ as FRC 5/8„ - L ES � "BGT" 2G V >IABLCC \Cf ca - � � 5 �a > ENCROACHMENT AREIA - FND X" �L1 Y LAav� Eli _._...._... N.->T. NO v223.13861...__ - i ±172.8 SO. FT. _l%` t0.0040 ACRES - - ..� w -_ L3 LS N 3ti' ti' ! FIRC "PRECISE 1j � �� a VARIABLE W'DTH - PRIVATE DRAINAGE LEANIN., QUI I LOSN ARLA AND UTIL i F_ASEIfENT 171.42' 1 ST. No, POINT OF L7 VOL. 388 -153, PG. 59 D224094831 — -CAB. B, PG. 2355 Dr W OIL NC 30° PRIVATE DRAINAGE AND TARR�A,NT COUNTY CAD #07125840 UTILITY EASEI £NT a k i INST. NO. D207339633 00 VOL. 388--153, FG. 59 D.R.T.C.T. 1 CAB. 8, PG. 2355 a a N LINE BEARING DISTANCE I a u) $ 1-1 S 73°48'39"E 37.67' 1-2 S 00'00'00"W 24.26' a 1 r ca, + 1-3 S 81'33'03"E 73.75' a a > a ( 1-4 N 00°42'48"E 10.09' 1-5 S 81'33'03"E 17.96' 1 1-6 S 08-26'57"W 10.00' t 1-7 N 81'33'03"W 16.60' Dav . Henderson Registered Professional Land Surveyor No. 4489 In the State of Texas DAVID M HENDERSON 4489 -/ s s \°l 5UR� Prepared By: Drawn By: WP Checked By: MC Scale: 1" = 60' Date: 02/03/25 Benchmark Group BGT Project N0:2591701 of Texas, Inc. 0' 60' 120' 13,IA1222 E. Arapaho Road, Suite #314, Richardson, Texas 75081 \� LAND SURVEYORS Phone (972) 680-3037 Fax (972) 680-3052 / \\\ License No. 10120700 SCALE 1" - - 60' SHEET 2 OF 3 C:1UserslcommbOenchmark Group of Texas, Inc\Commercial - DocumentskArchive Only 25\2025dwg\259170112591701.gxd -- 02/20/2025 -- 09:52 AM -- Scale 1 : 720.00 EL. 5S5 PRIVATE STORM I sTR.UOTUP.c_ - _ r E%TEW OF PRIVATE — _ —_ J _ ' E1ISTIN6'PO 1 - / UNCEROROUNO E%ISTiNW SURFACE STORM STRUCTURE PRIV— CHAMOERSYSTEM -ATE STORMWATER � — 3pNOTIaRSOx— EL, M EL. 535 � - X7'� { I '', I E%ISTIM3 W P1PE �T PRVATE STORM pipE PRIYA . —_, _.. _.. _....,. TE STORM PIPE —` EL.550 o+oa ofsa r.aa I.sa i+ao HORIZONTAL SCALE: 1" = 50' VERTICAL SCALE: 1" = 5' ■ KEDPLASMA ENCROACHMENT AGREEMENT CPN: 104997 EXHIBIT A FORT WORTH, TX MAPSCO: 063V COUNCIL DISTRICT: 11 B R I TT PETERS Scale 1:50 Date 02/04/25 AND ASSOCIATES, INC. Drawn TAH Job No. 230004 101 Falls Park Drive, Suite 601 Phone: (864) 271-8869 Greenville • Charleston Greenville, SC 29601 Fax: (864) 233-5140 Norfolk • Charlotte coPr.IyMP3,m,Pela,raAs,cclalo,h=. WEB: www.brittpeters.com i^h` thritlnat—rnrr1 Checked JAC - EXHIBIT "A" i VICINITY MAP x PEN `PAM SA'$ENVfi 3. PC. 55 taw OS w RfffiK!5€.'!7 Sie4[ TRACT � %Y• SE1q'C# NL Tp T TA �POPOSEO \\ t4M3 ACRM WAb TV. ass - �- - - -fi at+sx - - v. FAOA:iY _ ! W.'v. ti32'LD �851.__ _-._ _ s AZF LEANN 8' N 9`36' 6"'W 171,42' (N 89'2`W 171.56') is ca i W W YW-W O P') TARILAY€ GOdFt7Y O:SL3 1QbBAfl (y Ln 1", � li7 raaitt• OF L07 + — w srucca a It STATE 6N a' iSOSS' x.t ' ;'9.5 OF LOT L VCP` PA. T. 3• pG. 58... i PSiT.C.T. E v i v f °+ k ' 9 i \ Cry ` r I ,'• � / -_ yU y 2 �` l II �I RroW60E STw 3Rt7( TAAiYA.N'C IT CdA ddt�}a&52ti49 LOT "., SO f A 2. M..L¢#PbY� AMW €fie SWL 5S. PATO.F. 1 f SET 'X" N f.L`J�SSH- L LEGEND CY Cankaiq Ilavrinf S;IdmW Pew Lk. Sim- 11oid. c("4� Fin kfbml nj • Feud ten Red (F71) CloaoR Ocbkd Boa O Sal Fan Red (SR Oe� T-f- q�d pal (Bebd) 'y`a T � Pdnl frc Cemr PFC) ^( 11 PJL Ni Foud (i) ; i � Pew - x. � Oclria Ikkr O '%• IF h C'avak jy] Val " Fbv OpRu Maker x WOW Vdra ® _r Sl h Cavak Wa Ildz FbB Pek F CMyRasd FYcklo 0 laud H+ry 0-Mmmnl ACrak r Moln SiW m Pak t u�'"^ �d Il1HM Q Rmd Baakq and Ol,lap r-d Fbo Opika t �, Smihrl' Saw 1krda Ca Lk.kakf Fy WWwgCa H-5- SO- Ilorid• Pow VaR -..... kid _i-` W, _ W ..Fs_. Wna¢d Fan F- CI-% Tdspna» Ilailiole ,Ci C_" Ba .--5€....... St.- Saw Ua Sailay Srar Lk. Prepared By: Drawn By: WP Checked By: MC Group Scale: 1" = 100' Date: 02/03/25 BGT Project N0:2591701 BUMBenchmark of Texas, Inc. D' 100' 200' 1222 E. Arapaho Road, Suite #314, Richardson, Texas 75081 License No. 10120700 LAND SURVEYORS Phone (972) 680-3037 Fax (972) 680-3052 \\ SCALE 1" = 100' — SHEET 3 011 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022