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HomeMy WebLinkAboutContract 63385Date Received: 6/5/2025 Time Received: 4:08 pm Record Number: PN25-00024 City Secretary No.: 63385 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 2021 Gemini, LLC, a domestic limited liability company ("Licensee"), acting by and through its duly authorized manager. RECITALS WHEREAS, Licensee is the owner of the real property located at 2529 Meacham Boulevard, Fort Worth, Texas 76106 ("Property"), being more particularly described as,— Lot 2, Block 1, of Mercantile Center West Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D221369746; and WHEREAS, the City owns a sanitary sewer easement and a utility easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property, which plat is recorded in the plat records of Tarrant County as Instrument D221195188; and WHEREAS, Licensee or its tenant 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 or its tenant, 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 Tier II Easement Encroachment Agreement OFFICIAL RECORD page 1 of I I Revised 12/2022 CITY SECRETARY FT. WORTH, TX on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, installing, operating and maintaining a private storm pipe and electric conduit (the "Encroachments"). Upon 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", without written consent in the form of an encroachment agreement amendment. 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 for review and approval. 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. Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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 equal to or better than what existed prior to the commencement of construction of the Encroachment. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property as provided herein, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property at the sole cost and expense of Licensee. Prior to assessing a lien on the Property, City shall give Licensee 30 days to cure. 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 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, if Licensee fails to comply with any of the terms of this Agreement, and such failure continues for more than thirty (30) days after, City will notify Licensee in writing of any such noncompliance, and the City may terminate this Agreement. Licensee shall have the right to terminate this Agreement at any time upon at least thirty (30) days prior written notice to the City, by initiating an encroachment agreement termination with the City. 8. It is further understood and agreed between City and Licensee 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 order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 11 Revised 12/2022 r2 LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS (COLLECTIVELY THE "INDEMNIFIED PARTIES") 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, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE INDEMNIFIED PARTIES; 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 Tier 1I Easement Encroachment Agreement Page 4 of 1 I Revised 12/2022 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. 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 11 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. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier H Easement Encroachment Agreement Page 6 of I 1 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 Z=—-- By: Dalton Harrell wun 3, 2025 15:52 CDT) D. J. Harrell Director, Development Services Department Date: ATTEST: qm� � A JSasm� (1 Jannette Goodall, City Secretary ov nnb oho 8Voo, Approved As To Form and Legality p08 °=d aaB4 nEXA?oa // 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. Kandice Merrick Development Services Manager Tier II Easement Encroachment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 7 of 11 Revised 12/2022 Licensee: 2021 Gemini, LLC a Texas limite iabi . co pan By: Name: Randall Stepp Title: Manager Date: STATE OF _ § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Randall Stepp, Manager (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 2021 Gemini, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of N ........./I .ALEXANDRA N � ?:►� NtCOLE SENTER =% cI� Notary Public, State of Texas P Camm. Expires 06-15-2029 n.... Notary ID 133156831 �I Tier II Easement Encroachment Agreement Page 8 of 11 Revised 12/2022 r::::���,�Vl°al�ye �t����Wl'�����1��'J�"WW1►:�l�����i���i�J�'�i'���°YIr>��I"���t� 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 3rd day of June 2025. C2 'Pay Notary Public in and for the State of Texas*6 ?' N y pF'� 90�; •1355081' NX Tier 11 Easement Encroachment Agreement Page 9 of I I Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier U Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 > z GREAT W PKWY z < > a- C.U?)-RM,,DR FRANKLIN DR QPOLARIS )R MEACHTM BLVD MEACHAM BLVD SITE EJO'K o 0 z w Cl) w DOWNING DR Vicinity Map Not to Scale EXHIBIT A - VICINITY MAP ............. . --.11 ........................................... OWNER/DEVELOPER: QUIKTRIP No. 1877 QUIKTRIP CORP 4705 SOUTH 129TH EAST AVENUE DATE: ApnI 2025 TULSA, OK 74134-7008 5200 STATE HIGHWAY 121 PHONE (918) 615-7685 WILLENILLE, - 60- Phone: 817-488-4960 CB = N30.08-3 �! SITE LEGEND sS - 429.90' 117111 EAL, �I- ,i a txa9- a � ENCRDAr.�MFNT PROP. 12 STORE @ sBLDG. PIPE (RCP) 28.84' S89'51'53"E SO°5T54"E 89'51'53'W 5.00, 20.00' .00, ` — hd5"5T53"�7V�'_ — rx.-ao L — -262sF ®—l2ixL1_ — — N89'51'53'W \ N c _ f- I F t 1TL4Cf 1 LOT 1, BBLOCK iJ. BRUNER SUBDIVISION: VOLUME 388-46, PG 247 S89'51'53"E -2 TRACT ENCROACF4k�I D.R.T.C.T. 5.07 G{ ENT .T 2 ROT ORR LIMITED PARTNERSHIP NO'5T54"W PROP. CONDUIT FOR UNDERGROUND ' LOT 2, BLOCK 1 NSiRUMENT .R. D2132642074 20.OQ' f . ELECTRICAL/TELEPHONE SERVICE LINE _ MERCANTILE �C TER O.P.R.T.C.T. 1 ON CABINET A. SIDE 1752 P.R.T.C.T. �— MERCAMILE ' PARTNERS VOLUME 11752. PG 190 _ - to' U72A7Y EASEMAEW VOLUME- ; _ O.P.R.T.C.T. 3M 46• PG 247 O.RT.C..,Tj.(j j 0 © O iT O F[ E Y L2 L I I I IJ V...-_� _. _. IX 15 .SWffARY - - - SLIER EASEA'ENT 41 } Ugfougf<y SS SS SS— SS Y, -70 - rY- m EXHIBIT C - ENCROACHMENT AGREEMENT ................................................................................ OWNERIDEVELOPER. 0 60 QUIKTRIP No. 1877 QUIKTRIP CORP. p i 4705 SOUTH 129TH EAST AVENUE E N 1 N E E R® G DATE: April 2025 TULSA, OK 74134-7008 E PHONE: (918) 615-7685 COLLEYVILLE,5200 STATE HIGHWAY TX 4 GRAPHIC SCALE Phone:817- 884960 Phone:817-488-0960 LEGAL DESCRIPTION BEING a 5 foot wide utility easement encroachment area located in the City of Fort Worth, Tarrant County, Texas, being upon, over, across, and through a portion of Lot 1, Block 1 of J. Bruner Subdivision to the City of Fort Work, Tarrant County, Texas, as shown on the plat recorded Volume 388-46, Page 247 of the Deed Records of Tarrant County, Texas, same being described in a deed to QT SOUTH, LLC as recorded in document D223206530 of the Official Public Records of Tarrant, County, Texas, and said easement being further described as follows: Beginning at a calculated point in the north line of said Lot 1 and the south line of Lot 2, Block 1 of Mercantile Center West Addition to the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in Cabinet A, Slide 1752 of the Plat Records of Tarrant County, Texas, from which a 1 inch pipe found for the northwest comer of said Lot 1 bears North 89 degrees 51 minutes 53 seconds West, 8.14 feet; THENCE South 89 degrees 51 minutes 53 seconds East, 5.00 feet with the common line of said Lots 1 and 2 to a calculated point for corner, from which a 1/2 inch steel rod capped "1519 SURVEYING' set for the common east comer of said Lot 1 and 2 bears South 89 degrees 51 minutes 53 seconds East, 5.00 feet; THENCE the following bearings and distances upon, over, across and through said Lot 1: South 00 degrees 57 minutes 54 seconds East, 5.00 feet to a calculated point for corner; North 89 degrees 51 minutes 53 seconds West, 5.00 feet to a calculated point for comer, from which a 1/2 inch steel rod capped "]PH LAND SURVEYING' found for the southwest corner of said Lot 1 bears South 00 degrees 53 minutes 44 seconds West, 247.53 feet; North 00 degrees 57 minutes 54 seconds West' 5.00 feet to the POINT OF BEGINNING and containing 0.001 acre (25.0 square feet) of land. I, the undersigned, do hereby certify that the plat as shown hereon was prepared from an on -the -ground survey performed by me or under my supervision and completed on September 9, 2023; No warranty is made or intended for the location of any or all easements that may exist within the bounds of this survey. nathan Edward Coop P.L.S. 5369 Date: April 2, 2025 5 FOOT WIDE UTILITY EASEMENT ENCROACHMENT AREA 0.001 ACRES OUT OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. Bowman Job No.: 210852 Drawn By: HMH Sheet 1 of 2 Reviewed By: JEC Property Address: Prepared For: 2529 Meacham Blvd., QuikTrip South LLC Fort Worth, Texas 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 2021 GEMINI, LLC INSTRUMENT NO. D221369746 O.P.R.T.C.T I LOT 2, BLOCK i MERCANTILE CENTER WEST ADDITION CABINET A. SLIDE 1752 P.R.T.C.T.LO ExHierr b• L113 1 OF VOLUME �M# 20n D.R.T.C.T. _POINT ------------------ I BEGINNING 15' �;� �;E'°T ---- P.R.T.C.T. L5 LI — I- 1 o.00l S BW51'53" E 161.81' 1 r—j 1 .PAcre 1— fV ------------------------- ; L3 ' I I I LOT 1, BLOCK 1 1 i J. BRUNER SUBDIVISION 1 3 VOLUME 388-46, PAGE 247 10' trnurr a D.R.T.C.T. EkSEMENT VOLUME 388-46. i 10' I •t N ( PDAGE 247 i� b N QT SOUTH, LLC 1 1 I o INSTRUMENT NO. to D223206530 LOT 1, BLOCK '1 I ` O.P.R.T.C.T. MERCANTILE CENTER I WEST ADDITION I 1 CABINET A. SLIDE 1524 i 1 P.R.T.C.T. i 1/2 Inch Steel Rod Copped i ( I "JPH LAND I ' 1 ' I 1 I I 1 ' I I I I I I ' I ' I ' 1 1 SURVEYING'Found LINE BEARING DISTANCE Li S 89051'53" E 5.00' L2 S 00°57'54" E 5.00' L3 N 89051'53" W 5.00, L4 N 00057'54" W 5.00' L5 N 89051'53" W 8.14' 5 FOOT WIDE UTILITY EASEMENT ENCROACHMENT AREA 0.001 ACRES OUT OF LOT 1, BLOCK i OF J. BRUNER SUBDIVISION (SCALE: 1" = 10') N \1/ —...t D Now — LEGEND 1/2 Inch Steel Rod Capped "1519 SURVEYING" Set - 1 Inch Pipe Found (unless noted otherwise) - Calculated Point D.R.T.C.T. - Deed Records of Tarrant County, Texas O.P.R.T.C.T. - Official Public Records of Tarrant County, Texas P.R.T.C.T. - Plat Records of Tarrant County, Texas NOTES: 1. Bearings, distances, and acreage are grid, NAD83 State Plane Coordinate System, Texas North Central Zone 4202. 2. This survey was prepared without the benefit of a current title report/commitment. There may be easements, restrictions, and/or covenants affecting this property, not shown hereon. 3. No flood zone determination was made as part of this survey. Bowman Job No.: 210852 Drawn By: HMH Sheet 2 of 2 Reviewed By: JEC Property Address: Prepared For: 2529 Meacham Blvd., Quil(Trip South LLC Fort Worth, Texas BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION TO THE COY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT Bowminin D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 LEGAL DESCRIPTION BEING a 5 foot wide utility easement encroachment area located in the City of Fort Worth, Tarrant County, Texas, being upon, over, across, and through a portion of Lot 2, Block 1 of Mercantile Center West Addition to the City of Fort Work, Tarrant County, Texas, as shown on the plat recorded in Cabinet A, Slide 1752 of the Plat Records of Tarrant County, Texas, same being described in a deed to 2021 Gemini, LLC as recorded in document D221369746 of the Official Public Records of Tarrant, County, Texas, and said easement being further described as follows: Beginning at a calculated point in the south line of said Lot 2 and the north line of Lot 1, Block 1 of J. Bruner Subdivision to the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in Volume 388-46, Page 247 of the Deed Records of Tarrant County, Texas, from which a 1 inch pipe found for the northwest corner of said Lot 1 bears North 89 degrees 51 minutes 53 seconds West, 8.14 feet; THENCE the following bearings and distances upon, over, across, and through said Lot 2: North 00 degrees 57 minutes 54 seconds West, 15.00 feet to a calculated point for comer, from which a 5/8 inch steel rod found bears North 71 degrees 43 minutes 11 seconds West, 255.83 feet for reference; South 89 degrees 51 minutes 53 seconds East, 5.00 feet to a calculated point for corner; South 00 degrees 57 minutes 54 seconds East, 15.00 feet to a calculated point for comer in the common line of said Lots 2 and 1, from which a 1/2 inch steel rod capped "1519 SURVEYING' set for the east common corner of said Lots 2 and 1 bears South 89 degrees 51 minutes 53 seconds East, 161.18 feet; THENCE North 89 degrees 51 minutes 53 seconds West, 5.00 feet with the common line of said Lots 2 and 1 to the POINT OF BEGINNING and containing 0.002 acres (75.0 square feet) of land. I, the undersigned, do hereby certify that the plat as shown hereon was prepared from an on -the -ground survey performed by me or under my supervision and completed on September 9, 2023; No warranty is made or intended for the location of any or all easements that may exist within the bounds of this survey. Ap )at�e�!.: Edward Cooper 369 l 10, 2025 5FOOT WIDE UTILITY EASEMENT ENCROACHMENT AREA 0.002 ACRES OUT OF LOT 2, BLOCK 1 OF MERCANTILE CENTER WEST ADDITION BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 2, BLOCK 1 OF MERCANTILE CENTER WEST ADDITION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN CABINET A, SLIDE 1752 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO 2021 GEMINI, LLC AS RECORDED IN DOCUMENT D221369746 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. Bowman Job No.: 210852 Drawn By: HMH Sheet 1 of 2 Reviewed By, JEC Property Address: Prepared For: 2529 Meacham Blvd., QuikTrip South LLC Fort Worth, Texas low 2605 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497,2990 1 TBPELS# 10120600 0' 10, 20' (SCALE: 1" = 10') N ♦ ' I ® IT® 5/8 Inch Steel / Rod Found N �r,435g317. W L2 _ _ _ -------r---2021 C---- ------ -----� -------------------- NSTRUMEM NO. D221360746 OPJLT.C.T 5' LOT 2, BLOCK 1 MERCANTILE CENTER WEST ADDITION CABINET A, SLIDE 1752 0.002 P.R.T.C.T. i-- Acre f-- UTIITYIBUEASEMENT POINT NT 0 F VOLUME 11364, PAGE 2077 D.R.T.C.T. _ I I BEGINNING 15' SA"Tr'� SEWER EASEMENT CABINET A. SLIDE 1752 LEGEND I I P.R.T.C.T. I j L5 L4 S3 S 89,51'" E 161.81' � - 1/2 Inch Steel Rod Capped "1519 SURVEYING" Set � - 1 Inch Pipe Found I I I (unless noted otherwise) 1 r----------------------------------- I L - Calculated Point LOT 1, BLOCK 1 LOT 1. BLOCK 1 MERCANTILE CENTER I J. BRUNER SUBDIVISION D.R.T.C.T. - Deed Records of Tarrant WEST ADDITION I VOLUME 388-46. PAGE 247 County, Texas CABINET A. SLIDE 1524 1 D.R.T.C.T. P.R.T.C.T. I I O.P.R.T.C.T. - Official Public Records of i ip UTILITYI 1 QT SOUTH, LLC Tarrant County, Texas 10' I INSTRUMENT NO. D223206530 VOLUME 388-46. I_ PAGE 247 j -4 I O.P.R.T.C.T. P.R.T.C.T. - Plat Records of Tarrant D.R.T.C.T. i I i I 1 I County, Texas NOTES: 1. Bearings, distances, and acreage are grid, NAD83 State Plane I LINE BEARING DISTANCE Coordinate System, Texas North Central Zone 4202. I LI N 00057'54" W 15.00, I L2 $ 8 ° 53" E 5.00' 2. This survey was prepared without the benefit of a current tide I L3 $ 1r E 15.00' 150' report commitment. There may be easements, restrictions, and/or this hereon. 3" 805 I L4 NN $jj 1 '' W ( covenants affecting property, not shown I L5 N 89051'53" W 8.14' I 3. No flood zone determination was made as part of this survey. Bowman Job No.: 210852 Drawn By: HMH 5 FOOT WIDE UTILITY EASEMENT Sheet 2 of 2 Reviewed By: JEC ENCROACHMENT AREA Property Address: Prepared For: 2529 Meacham Blvd., QuikTrip South LLC 0.001 ACRES OUT OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION Fort Worth, Texas BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT ovman D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 LEGAL DESCRIPTION BEING a 3.47 foot wide storm sewer easement located in the City of Fort Worth, Tarrant County, Texas, being upon, over, across, and through a portion of Lot 2, Block 1 of Mercantile Center West Addition to the City of Fort Work, Tarrant County, Texas, as shown on the plat recorded in Cabinet A, Slide 1752 of the Plat Records of Tarrant County, Texas, same being described in a deed to 2021 Gemini, LLC as recorded in document D221369746 of the Official Public Records of Tarrant, County, Texas, and said easement being further described as follows: Beginning at a calculated point in the south line of said Lot 2 and the north line of Lot 1, Block 1 of J. Bruner Subdivision to the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in Volume 388-46, Page 247 of the Deed Records of Tarrant County, Texas, from which a 1 inch pipe found for the northwest corner of said Lot 1 bears North 89 degrees 51 minutes 53 seconds West, 6.11 feet; THENCE the following bearings and distances upon, over, across, and through said Lot 2: North 45 degrees 57 minutes 53 seconds West, 21.63 feet to a calculated point for comer, from which a 5/8 inch steel rod found bears North 70 degrees 25 minutes 41 seconds West, 239.42 feet for reference; South 89 degrees 51 minutes 53 seconds East, 5.00 feet to a calculated point for corner; South 45 degrees 57 minutes 53 seconds East, 21.63 feet to a calculated point for comer in the common line of said Lots 2 and 1, from which a 1/2 inch steel rod capped "1519 SURVEYING" set for the common east corner of said Lots 2 and 1 bears South 89 degrees 51 minutes 53 seconds East, 163.84 feet; THENCE North 89 degrees 51 minutes 53 seconds West, 5.00 feet with the common line of said Lots 2 and 1 to the POINT OF BEGINNING and containing 0.002 acre (75.0 square feet) of land. I, the undersigned, do hereby certify that the plat as shown hereon was prepared from an on -the -ground survey performed by me or under my supervision and completed on September 9, 2023; No warranty is made or intended for the location of any or all easements that may exist within the bounds of this survey. )ate: Edward Cooper 369 il 10, 2025 3.47 FOOT WIDE SANITARY SEWER EASEMENT ENCROACHMENT AREA 0.002 ACRES OUT OF LOT 2, BLOCK 1 OF MERCANTILE CENTER WEST ADDITION BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 2, BLOCK 1 OF MERCANTILE CENTER WEST ADDITION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN CABINET A, SLIDE 1752 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO 2021 GEMINI, LLC AS RECORDED IN DOCUMENT D221369746 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. Bowman Job No.: 210852 Drawn By: HMH Sheet 1 of 2 Reviewed By: JEC Property Address: Prepared For: 2529 Meacham Blvd., QuikTrip South LLC Fort Worth, Texas I♦ r4! 1 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 5/8 Inch Steel Rod Found 6 L2 ----- I --------------- . LLC INSTRUMENT c �— NSTRUMENT NO. 0221389746 I O.P.R.T.C.T LOT 2, BLOCK 1 j MERCANTILE CENTER WEST ADDITION CABINET A. SLIDE 1752 / P.R.T.C.T. EXHIBIT b• 0 UTILITY EASEMENT VOLUME 11364. PAGE 2077 r----- --------------- D.R.T.C.T. ---------- I Ls I I I I I I LOT 1, BLOCK11 I MERCANTILE CENTER WEST ADDITION CABINET A, SLIDE 1524 I P.R.T.C.T. i 1o' UTILITY EASEMENT 1 10' VOLUME 388-45. PAGE 247 I— D.R.T.C.T. I I 15' SANrIARY SEWER EASEMENT CABINET A. SLID 1752 _ L4 P.R.T.C.T. POINT OF S 89'51'53" E 163.84' BEGINNING r----------------------------------- LOT 1, BLOCK 1 j J. BRUNER SUBDIVISION VOLUME 388-46, PAGE 247 1 D.R.T.C.T. j OT SOUTH. LLC 1 INSTRUMENT NO. D223206530 =a O.P.R.T.C.T. 1 I I (SCALE: 1" = 10') N .', S LEGEND 1/2 Inch Steel Rod Capped "1519 SURVEYING" Set > 1 Inch Pipe Found (unless noted otherwise) - Calculated Point D.R.T.C.T. - Deed Records of Tarrant County, Texas O.P.R.T.C.T. - Official Public Records of Tarrant County, Texas P.R.T.C.T. - Plat Records of Tarrant County, Texas LINE BEARING DISTANCE Ll N 45057'53" W 21.63' NOTES: 1-2 1 L3 5 0 E S 50 " E 5.00' 21.63' I 1. Bearings, distances, and acreage are rid NAD83 State Plane Coordinate System, Texas North Central Zone 4202. 1L4 N 89°51'53" W 5.00' L5 N 89051'53" W 6.11' 2. This survey was prepared without the benefit of a current title I L6 N 7002541" W 239.42' 1 report/commitment. There may be easements, restrictions, and/or covenants affecting this property, not shown hereon. 3. No flood zone determination was made as part of this survey. 3.47 FOOT WIDE SANITARY SEWER EASEMENT ENCROACHMENT AREA 0.002 ACRES OUT OF LOT 1, BLOCK 1 OF 3. BRUNER SUBDIVISION BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF 3. BRUNER SUBDIVISION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. Bowman Job No.: 210852 Drawn By: HMH Sheet 2 of 2 Reviewed By: 3EC Property Address: Prepared For: 2529 Meacham Blvd., QuikTrip South LLC Fort Worth, Texas [ a 1-� of's 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 LEGAL DESCRIPTION BEING a 3.47 foot wide storm sewer easement located in the City of Fort Worth, Tarrant County, Texas, being upon, over, across, and through a portion of Lot 1, Block 1 of J. Bruner Subdivision to the City of Fort Work, Tarrant County, Texas, as shown on the plat recorded Volume 388-46, Page 247 of the Deed Records of Tarrant County, Texas, same being described in a deed to QT SOUTH, LLC as recorded in document D223206530 of the Official Public Records of Tarrant, County, Texas, and said easement being further described as follows: Beginning at a calculated point in the north line of said Lot 1 and the south line of Lot 2, Block 1 of Mercantile Center West Addition to the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in Cabinet A, Slide 1752 of the Plat Records of Tarrant County, Texas, from which a 1 inch pipe found for the northwest comer of said Lot 1 bears North 89 degrees 51 minutes 53 seconds West, 6.11 feet; THENCE South 89 degrees 51 minutes 53 seconds East, 5.00 feet with the common line of said Lots 1 and 2 to a calculated point for corner, from which a 1/2 inch steel rod capped "1519 SURVEYING' set for the common east corner of said Lot 1 and 2 bears South 89 degrees 51 minutes 53 seconds East, 5.00 feet; THENCE the following bearings and distances upon, over, across said through said Lot 1: South 45 degrees 57 minutes 53 seconds East, 7.21 feet to a calculated point for corner; North 89 degrees 51 minutes 53 seconds West, 5.00 feet to a calculated point for corner, from which a 1/2 inch steel rod capped "JPH LAND SURVEYING' found for the southwest comer of said Lot 1 bears South 01 degrees 36 minutes 21 seconds Wes,t 247.59 feet; North 45 degrees 57 minutes 53 seconds West, 7.21 feet to the POINT OF BEGINNING and containing 0.001 acre (25.0 square feet) of land. I, the undersigned, do hereby certify that the plat as shown hereon was prepared from an on -the -ground survey performed by me or under my supervision and completed on September 9, 2023; No warranty is made or intended for the location of any or all easements that may exist within the bounds of this survey. athan Edward Coope P.L.S. 5369 Date: April 10, 2025 Bowman Job No.: 210852 Drawn By: HMH 3.47 FOOT WIDE STORM SEWER EASEMENT sheet 1 of 2 Reviewed By: JEC ENCROACHMENT AREA Property Address: Prepared For: 0.001 ACRES OUT OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION 2529 Meacham Blvd., QuikTrips Fort Worth, Texas BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, Adam TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT Bowmi,3n D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. 2805 Dallas Parkway, Ste. 310, Plano, TX 75093 972.497.2990 1 TBPELS# 10120600 2021 GEMINI, LLC INSTRUMENT NO. D221369746 O.P.R.T.C.T ----- ---------- I ------------------- j LOT 2, BLOCK 1 I MERCANTILE CENTER WEST ADDITION 1 CABINET A. SLIDE 1752 P.R.T.C.T. EMI8r` b' ILO EASEM i 3 M I POINT OF VOLUME i ton D.R.T.C.T. -------------------- BEGINNING ----- 15 CABNEET & SLIDE 11752 I P.R.T.C.T. Ll — � L5 _ S 89'51'53" E 163.84' —Y� / � 00 I 0.1 `c'' �F Acre t 1 t `----- L3 I ----------------------- t LOT 1, BLOCK 1 t i N I J. BRUNER SUBDIVISION t 31 VOLUME 388-46, PAGE 247 to' I 1 ._ ( D.R.T.C.T. EMunlm EASEW 10, I N ( VOLPUME AM 2347 46' QT SOUTH, LLC D.R.T.C.T. I I I t o I INSTRUMENT NO. V) i D223206530 LOT 1, BLOCK '1 I �J O.P.R.T.C.T. MERCANTILE CENTER 1 WEST ADDITION t CABINET A. SLIDE 1524 I j P.R.T.C.T. I 1/2 Inch Steel Rod Copped I JPH LAND SURVEYING Found I I i 1 I 1 t I 1 LINE BEARING DISTANCE DISTANCE L2 S 45a ��53" E 7.211' L3 N 89°51'53" W 5.00' L4 N 45057'53" W 7.21' L5 N 89051'53" W 6.11' 3.47 FOOT WIDE STORM SEWER EASEMENT ENCROACHMENT AREA 0.001 ACRES OUT OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION BEING UPON, OVER, ACROSS, AND THROUGH A PORTION OF LOT 1, BLOCK 1 OF J. BRUNER SUBDIVISION TO THE CITY OF FORT WORK, TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED VOLUME 388-46, PAGE 247 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAME BEING DESCRIBED IN A DEED TO QT SOUTH, LLC AS RECORDED IN DOCUMENT D223206530 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT, COUNTY, TEXAS. 0' 10, (SCALE: 1" = 10') N I S LEGEND 1/2 Inch Steel Rod Capped "1519 SURVEYING" Set ® - 1 Inch Pipe Found (unless noted otherwise) - Calculated Point D.R.T.C.T. - Deed Records of Tarrant County, Texas O.P.R.T.C.T. - Official Public Records of Tarrant County, Texas P.R.T.C.T. - Plat Records of Tarrant County, Texas NOTES: 1. Bearings, distances, and acreage are grid, NAD83 State Plane Coordinate System, Texas North Central Zone 4202. 0 2. This survey was prepared without the benefit of a current title report/commitment. There may be easements, restrictions, and/or covenants affecting this property, not shown hereon. 3. No flood zone determination was made as part of this survey. Bowman Job No.: 210852 Drawn By: HMH Sheet 2 of 2 Reviewed By: JEC Property Address: Prepared For: 2529 Meacham Blvd., QuikTrips Fort Worth, Texas 2805 Dallas Parkway, Ste. 310, Piano, TX 75093 972.497.2990 1 TBPELS# 10120600 .... ................ .......... ........ . ............. U-1 r. ON8 51'53"W 5,0"- #1 620 PTMAMENi (CITY ;OF 3EWER .0 I �AS IQWM E (C F FOR- WqRTH T -VJDL 11- P-Gi -C :J.ENCROACHMENT # S45'5 PROP. 12" STORM (RCP)l 1 4 t 28.84' \_N45'57z53'W --- --- 28.84' 615 UG r UGET UGE Iss C (Di II EXISTING S89*51*53*E 10 UTILITY 5.00• EASEMENT VOLUME 388-46, PG 247 D.R.T.C.T. a61 15' SANITARY SEWER EASEMENT CABINET A. SLIDE 1752 P.R.T.C.T 605� Lj �P-JCLI�ARA 4C PROPOSED j18" E 60C EX. 59E 'TO P"SEWER U" PiBL 15 1 sANrrARy SEWER EASEMENT. CABINET. A. ISLIPE 1 752 P.R,T.C.T i 10! U'llLlT- EA45EMPNT ll,-VOILIUME �88-46, P(331 247 DAT. T. EXHIBIT C - ENCROACHMENT #1 ............................................ OWNER/DEVELOPER: QUIKTRIP No. 1877 QUIKTRIP CORP. 4705 SOUTH 129TH EAST AVENUE E Wl DATE: Aphl 2025 TULSA, OK 74134-7008 PHONE. (918) 815-705 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 Phone: 817-488-4960 I— ----- ENCROACHMENT #2 L!#2 —------,--- - 1 PROP. 2"CONDUIT FOR UNDERGROUND ELECTRICAL/TELEPHONE SERVICE LINE _. 620 pi:RMANEbT IT RY SEWER } ASEME�T ( ITY'OF FORT I - 15 2, PG66.R.�.C,.) S45T54"E ---- - - 20� } NW51'5T W ! E I 5.00' 615 SVIE S } Ex1 TINC I } 10' UTILITY 610 EASEMENT VOLUME 388-46, PG 247 PROP. I - - — — - j j D.R.T.C.T. i G ADE } PI OPQSED 4" UGE_-CONDUJT ' - - 15' SANITARY { \ W i I (RRIVATE) : 1 60� SEWER EASEMENT , CABINET A, SLIDE F I 1752 P.R.T.C.T 595 EXHIBIT C - ENCROACHMENT #2 ............................................................................... OWNER/DEVELOPER. QUIKTRIPNo. 1877 QUIKTRIP CORP. pra4705 SOUTH t29TH EASTAVENUEDATE: E"G iI nEea April 2025 TULSA.-74134-7009 52005T HIGHWAY 121 PHONE: (9ta) 615-7685 COLLEYVILLE, TX 76034 Phone:817-488-4960 EXHIBIT B Certificate of Insurance Tier H Easement Encroachment Agreement Page 11 of 11 Revised 12/2022