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HomeMy WebLinkAboutContract 63234Date Received: 05/07/2025 Time Received: 3:11 p.m. Record Number: PN25-00058 City Secretary No.: 63234 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 Chisholm Trail Center, LP, a Texas limited partnership ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 6069 Retail Way, Fort Worth, Texas 76036 ("Property"), being more particularly described as, Lot 15, Block 7, of Chisholm Trail Ranch, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D224040673; and WHEREAS, the City owns a water -sewer easement (the "Public Property") adjacent to the property, dedicated to the City in an easement filed in the Tarrant County Deed Records as Instrument Number D222154857, as depicted on the final plat of the property (FP-24-049), which plat is recorded in the plat records of Tarrant County as Instrument Number D225018279; 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 drain (the "Encroachment"). Upon Tier H Easement Encroachment Agreement Page 1 of 12 OFFICIAL RECORD Revised 12/2022 CITY SECRETARY FT. WORTH, TX completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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. 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. 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. S. 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 11 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 II 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 II Easement Encroachment Agreement Page 5 of 12 Revised 1212022 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 7:3 ' By: Dalton Harrell (jvlay 6, 202517:54 CDT) D. J. Harrell Director, Development Services Department Date: 4ovonpIl ��,�F00000 ooa�Op��d l ol ATTEST: Approved As To Form and Legality °o. nEoA544p Jannette Goodall, Hye Won Kim City Secretary 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. -©ult+\ Rebecca Owen (May 6, 202510:26 CDT) Rebecca Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier H Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Chisholm Trail Center, LP a Texas limited partnership By: UCD Chisholm Trail GP, LLC a Texas limited liability company its General Partner B` v_ e � y' Name: Robert Dor ..il Title: Manager Date: STATE OF § COUNTY OF T4 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of zz�) , on this day personally appeared 2DhQy-[ U T vra-�.r u.Cl42K (Title) 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 &'s ho I M -1'r�i I CeKkr IP 7x l i rn' fed i XLA&- tity type), and in the capacity r therein stated. GIVEN UNDER MY 2025. / otary ublic in and for the State of --Ti x i- S HAND AND SEAL OF OFFICE this �iO day of liq.,, TERRY NIONDAY PIPER My Notary {D # 12326796 bf+" Expires November 24, 2025 RINNUMq I. ONE .. Tier II Easement Encroachment Agreement Page 9 of 12 Revised 12/2022 Mu r.1 by J.I t" W IW:tN 111111111�iJ 3r �1�� Nf It.�L�J NI 11 � l��rl.`1 �lu►� 1 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 7th day of May , 2025. ` %1111iiiu11111� Y A ����i i Notary Public in and for the State of Texas p ;� 2 �f Nh co _ F OF'� 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 m'w W z o ao THE CITY OF FORT WORTH ENCROACHMENT AGREEMENT TARGET CHISHOLM TRAIL RANCH SITE LOCATION ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. 200 NORTH TRAVIS STREET, SUITE 500 SHERMAN, TX, 75090 CONTACT: MICHAEL CARLISLE PHONE: 469-353-6061 LI1 ,A* PP-rk U3 I �CiK31%�r�,PI' ENCROACHMENT #1 O 13 1 Q1 . �n BYv�i —. �o 0, CLR LOCATION MAP N.T.S. MAPSCO #: TAR-102T, TAR-102U, TAR-102Y OWNERIDEVELOPER CHISHOLM TRAIL CENTER, LP 7001 PRESTON ROAD, SUITE 410 DALLAS, TX, 75205 CONTACT: ROBERT DORAZIL PHONE: 214-522-5225 FORT WORTH PREPARED BY: Ki m Iteyo)) Horn Firm Registration No. F-928 200 North Davis Street, Suite 500 Sherman, Texas 75090 Tel. No. (469) 353-6061 L LEGAL DESCRIPTION EASEMENT ENCROACHMENTS BEING a 0.0104 acre (453 square foot) tract of land situated in the Juan Jose Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being a portion of Lot 15, Block 7, Chisholm Trail Ranch, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D225018279 of the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a point in the north line of a permanent water -sewer facility easement recorded in Instrument No. D222154857 of said Official Public Records from which a 5/8-inch iron rod with cap stamped "KHA" set for the east corner of said Lot 15 bears South 60°17'49" East, a distance of 12.81 feet; THENCE South 36°00'46" West, departing the said north line of the easement, a distance of 30.24 feet to a point for corner in the south line of said easement; THENCE North 60°40'39" West, along the said south line of the easement, a distance of 15.10 feet to a point for comer; THENCE North 36°00'46" East, departing the said south line of the easement, a distance of 30.19 feet to a point in the said north line of the easement from which a 5/8-inch iron rod with cap stamped "KHA" set for the south corner of Lot 16 of said Chisholm Trail Ranch bears North 69°54'21" West, a distance of 1.76 feet; said iron rod being the beginning of a non -tangent curve to the left with a radius of 1,065.21 feet, a central angle of 00°48'46", and a chord bearing and distance of South 60°52'00" East, 15.11 feet; THENCE in a southeasterly direction, along said north line of the easement and with said non -tangent curve to the left, an arc distance of 15.11 feet to the POINT OF BEGINNING and containing 453 square feet or 0.0104 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 tract. ,`Q'•�G� S � MICHAEL CLEO BILLINGSLEY y: �- -•�`�R REGISTERED PROFESSIONAL ••••••••••••••••••••••••• LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLII EASEMENT ENCROACHMENT LOT 15, BLOCK 7 CHISHOLM TRAIL RANCH JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 801 CHERRY STREET, ••`s ••o••••••••••••�••�•• Kimle >>> Horn UNIT 11 SUITE 1300 • '� 6558 '9 ~••: e s s � ° ••' O FORT WORTH, TEXAS 76102 ti 801 Cherry Street, Unit 11,#1300 Tel. No. (817) 335.6511 Q ••S UR� Fort Worth, Texas 76102 FIRM # 10194040 w�v Amley-hom.com PH. 817-335-6511 S_ lele Drawn by Checked by � bate Pro ect No. Sheet No. michael.billingsley@kimley-horn.com N/A GRW MC8 4/3/2025 I 069303021 I 1OF2 PADILLA, CAELAN 4/4/202510:34 AM K:IFTW SLIRVM069303021-TARGET CTPIDWG1069303021-TARGET' CTP_ESMT 'NCROACHM-NTS_LOT 1 .DWG J LEGEND P.O.C. = POINT OF COR ENCING P.O.B. = POINT OF B INNING IRSC = 6/8" IRON ROD W/ "KHA" CAP SET / LOT 16, BLOCK 7 CHISHOLM TRAIL RANCH (INST. NO. D225018279) LOT 15, BLOCK 7 CHISHOLM TRAIL RANCH / (INST. NO. D225018279) / -� y NORTH 0 20 40 GRAPHIC SCALE IN FEET / LOT 8, BLOCK 7 CHISHOLM TRAIL RANCH ADDITION 1 1 (INST. NO. D222164469) 1.76' �— P.O.B. IRSC S60.17'49"E 12.81' 0.0104 ACRES \ �' 453 SQ. FT. IRSC <2 / / \ LINE TABLE \ NO. I BEARING I LENGTH PERMANENT WATER -SEWER FACILITY EASEMENT _/ (INST. NO. D222154857) L1 I S36"00'46"W I 30.24' L2 I N60°40'39"W I 15.10' L3 I N36.00'46"E I 30.19' CURVE TABLE NO. I RADIUS I DELTA CHORD BEARING C1 1065.21' O'46'46" N60"52'00"W NOTES LOT 14, BLOCK 7 \ \ CHISHOLM TRAIL RANCH \ \ (INST. NO. D225018279) / \ CHORD I LENGTH 15.11, 15.11, / 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 tract. EASEMENT ENCROACHMENT LOT 15, BLOCK 7 CHISHOLM TRAIL RANCH JUAN JOSE ALBIRADO SURVEY, -� OF '��•••S TrFT V Q..•aR''ti ABSTRACT NO.4 MICHAEL CLEO BILLINGSLEY t7f'a`` Fos N CITY OF FORT WORTH, REGISTERED PROFESSIONAL •••••• ------- ••••••••••••••••••••• TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY CHERRY STREET ••`.•••o••••••••••••�••�•• UN UNIT 11 SUITE 1300 L,p 6558 �i '9iy Kimlev)OHorn FORT WORTH, TEXAS 76102 '.........s %S- 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-335-6511 ty Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.corn michael.billingsley@kimley-horn.com Scale, Drawn by I Checked by Date I I Proiect o Sheet No. I 1^=40 GRW MCB 413/2025 069303021 2OF2 PADILLA, CAELAN 41412025 10:34 AM K:1FTW SURVEY1069303021-TARGET CTPIDWG1069303021-TARGEt CTP_ESMTJE-NCROACHMkNTS_LOT 4 .DWG L ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. 200 NORTH TRAVIS STREET, SUITE 500 SHERMAN, TX, 75090 CONTACT: MICHAEL CARLISLE PHONE: 469-353-6061 OWNER/DEVELOPER CHISHOLM TRAIL CENTER, LP 7001 PRESTON ROAD, SUITE 410 DALLAS, TX, 75205 CONTACT: ROBERT DORAZIL PHONE: 214-522-5225 N W E S 0 _ 10' 20' GRAPHIC SCALE 10' �f -EXISTING 30' PUBLIC PERMANENT WATER -SEWER ,FACILITY EASEMENT (INST. NO. D222154857) ENCROACHMENT #1 EXHIBIT Kimley)))Horn 200 North Travis St., Ste. 500 Tel. No. (469) 352-2959 Sherman, Texas 75090 FIRM # 10193822 Drawn By: I M Checked By:i Date I Proiect NO- I Sheet No. TM C 04/08/2025 064464421 1 of 2 WATER/SEWER ENCROACHMENT #1 Y PROP. I GRADE AT E PIPE W I 850 j 850 W uj I — �EX. GKtADE z- w AY ti FIPE F'U LIC z SEWERT_ 845 j 845 _ m EX. 12" ' w PU13LIC WP4ER' U J_ Q F- fV 0 6 N 840 840 F RI�IATE--_. __-- 36" IRCP 0 U " Y 835 835 Y a 0 0 3+20 3+60 0 N ENGINEER OWNER/DEVELOPER W KIMLEY-HORN AND ASSOCIATES, INC. CHISHOLM TRAIL CENTER, LP 200 NORTH TRAVIS STREET, SUITE 500 7001 PRESTON ROAD, SUITE 410 Z u SHERMAN, TX, 75090 DALLAS, TX, 75205 CONTACT: MICHAEL CARLISLE CONTACT: ROBERT DORAZIL a ? PHONE: 469-353-6061 PHONE: 214-522-5225 ENCROACHMENT #1 PROFILE Kimley)))Horn 200 North Travis St., S00 Tel. No. (469) 352-2959 Sherman, Texas 75090 FIR M # 101, 3822 Drawn BY: Checked Bv: Date Pr0I''ect NO: Sheet No. TM I MC 104/08-2025 0644 21� 2 OF 2 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022