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HomeMy WebLinkAboutContract 63644Date Received: 7/11/2025 Time Received: 4:57 p.m. Record Number: PN25-00066 City Secretary No.: 63644 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 TANGER FORT WORTH, LLC, a North Carolina limited liability company ("Licensee"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of the real property described as ("Property"), being , Lot 1, Block 4, of Champions Circle Addition, an addition to the City of Fort Worth, Denton County, Texas, as recorded in Deed Records, by Instrument Number 2016-123455; and WHEREAS, the City owns a sanitary sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FP- 15-016), which plat is recorded in the plat records of Denton County as Instrument 2016- 2167; 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 private water, electric, gas, and storm lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be Tier II Easement Encroachment Agreement OFFICIAL RECORD Page I of 12 CITY SECRETARY Revised 12/2022 FT. WORTH, TX 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" unless pursuant to modifications to City approved plans. Once approved by the City, all such matters shall remain on or for the benefit of the Property unless modified by agreement of the parties. 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 as permitted under the easement granting the Public Property to the City, including installing, repairing, replacing, or maintaining its improvements to its public facilities or utilities in the Public Property as 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 Tier II Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 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 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 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 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, SUBCONTRATORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF THE CITY, EXCEPT TO THE EXTENT THAT SUCH DAMAGE, LOSS, OR INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRATORS, AND LICENSEES 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 Commercial General Liability 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 Tier II Easement Encroachment Agreement Page 4 of 12 Revised 12/2022 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors performing work within the Public Property. 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. Tier II Easement Encroachment Agreement Page 5 of 12 Revised 12/2022 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Sections 4, 5 and 6 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 and will enter into a new agreement on substantially the same terms and conditions of this Agreement 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 Denton 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. Tier II Easement Encroachment Agreement Page 6 of 12 Revised 12/2022 22. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 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 ,_7eimMer kobats By: Jennifer Roberts (Jul 11, 2025 16:37 CDT) D. J. Harrell Director, Development Services Department Date: 07/11 /2025 q nvagn ATTEST: pp FfORt9Ad 0 A4cas aap (J p t6XA9oo° bnn o 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. k� Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 12 Revised 12/2022 Licensee: Tanger Fort Worth, LLC a North Carolina limited liability company By: Tanger Devco, LLC a North Carolina limited liability company its manager By: ::� - Name: Thomas J. Guerrieri, Jr. Title: Vice President Date: 14 STATE OF NORTH CAROLINA § COUNTY OF GUILFORD § BEFORE ME, the undersigned authority, a Notary Public in and for the State of & C- -, on this day personally appeared Thomas J Guerrieri, Jr., Vice President of Tanger Devco, LLC, the manager of Tanger Fort Worth, LLC, 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 Tanger Devco, LLC, the manager of Tanger Fort Worth, LLC, a North Carolina limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 �' day of 3 � 0- 12025. Notary Public My Commissi of North Carolina aao Ai) a'7 ,,p��Un1U►►�►si `,� o°•°oo•oeu° � sI �• o'oUBL® ••,,�`�j�E COT Tier II Easement Encroachment Agreement Revised 12/2022 11:ILYV_ll19■�lU:401NW&IJ0011 J.jNMAX"NamlU0Wl6111 W W1X'1lk' 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 Jennifer Roberts, 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 11 th day of July , 2025. MM�ee Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement YP(�e`i WENDY L BEARDSLEE a Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 9�0 . My Comm. Exp. July 28, 2025 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 ENCROACHMENT EASEMENT EXHIBIT STATE OF TEXAS § COUNTY OF DENTON § BEING a tract of land situated in the G. W. SHAMBLIN SURVEY, ABSTRACT NO. 1191, in the City of Fort Worth, Denton County, Texas, and being a portion of Lot 1, Block 4, CHAMPIONS CIRCLE ADDITION, an addition to the City of Fort Worth, Denton County, Texas, according to the Final Plat thereof recorded in Instrument Number 2016-2167, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being more particularly described as follows: CO NCING at a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" found for the Northeast corner of Lot 2R, Block 4, CHAMPION'S CIRCLE ADDITION, an addition to the City of Fort Worth, Denton County, Texas, according to the Final Plat thereof recorded in Instrument Number 2018-296, O.P.R.D.C.T., said iron rod being situated in the Northwest right-of-way line of North Freeway [Interstate Highway 35-W], a variable width right-of-way; THENCE South 32 deg 46 min 13 sec West, along the Southeast line of said Lot 2R, Block 4 and along said Northwest right-of-way line, a distance of 98.51 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" found for a Southeast corner of said Lot 2R, Block 4; THENCE South 30 deg 21 min 45 sec West, continuing along said common line, a distance of 35.86 feet to a Mag-Nail with washer stamped "W.A.I. R.P.L.S. 5714" found for the most Southerly Southeast corner of said Lot 2R, Block 4, a Northeast corner of said Lot 1, Block 4, and the most Northerly Southeast corner of a Public Access, Sewer & Water Easement recorded in Instrument 2016-2167, O.P.R.D.C.T.; THENCE South 30 deg 21 min 45 sec West, departing the Southeast line of said Lot 2R, Block 4, along the Southeast line of said Lot 1, Block 4, along the Southeast line of said Public Access, Sewer & Water Easement and continuing along said Northwest right-of-way line, a distance of 48.06 feet to a point for the most Southerly Southeast corner of said Public Access, Sewer & Water Easement; THENCE North 59 deg 38 min 41 sec West, departing said common line, along the Southwest line of said Public Access, Sewer & Water Easement, and over and across said Lot 1, Block 4, a distance of 166.85 feet to a point for the Northeast corner of a Sanitary Sewer Easement as recorded in Instrument 2016-2167, O.P.R.D.C.T.; THENCE South 30 deg 21 min 19 sec West, departing the Southwest line of said Public Access, Sewer & Water Easement, along the Southeast line of said Sanitary Sewer Easement, and continuing over and across said Lot 1, Block 4, a distance of 196.21 feet to a point for corner and the POINT OF BEGINNING; THENCE South 30 deg 21 min 19 sec West, continuing over and across said Lot 1, Block 4, and along said Southeast line, a distance of 49.66 feet to a point for corner; THENCE North 59 deg 38 min 15 sec West, departing said Southeast line and continuing over and across said Lot 1, Block 4, a distance of 35.00 feet to a point for corner situated in the Northwest line of said Sanitary Sewer Easement; THENCE North 30 deg 21 min 19 sec East, along the Northwest line of said Sanitary Sewer Easement, and continuing over and across said Lot 1, Block 4, a distance of 49.66 to a point for corner; THENCE South 59 deg 38 min 45 sec East, departing said Northwest line and continuing over and across said Lot 1, Block 4, a distance of 35.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.040 acres or 1738 square feet of land, more or less Bearings shown hereon are based upon an on -the -ground Survey performed in the field on the 7th day of February, 2018, utilizing a G.P.S. bearing related to the Texas Coordinate System, Texas Central Zone (4202), NAD 83, grid values from the GeoShack VRS network. vWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 9750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 DALLAS, TEXAS 75230 (972)490-7099 FAX Texas Engineers Registration No, 89 Texas Surveyors No, 10086600 Expires 12-31-25 COPYRIGHT © 2025, Winkelmann & Associates, Inc. Scale: N/A Date : 04.14.25 Dwq. File : 62501.0G-ENCR-EXH-1 Protect No.: 62501.OG ENCROACHMENT EASEMENT EXHIBIT SHEET 0.040 ACRES, (1738 SQ. FT.) 2 TANGER OUTLET CENTERS OF 3200 NORTHLINE AVENUE, SUITE 360 Z GREENSBORO, NC 27408 G:\625\01\OG -SWC Interstate 35W and SH 144 FW, TX (Bubbas & Portillos FW)\SURVEY\Easements\62501.OG-ENCR-EXH-1.dwg N II W E 0' 30' 60' 1 Scale 1 "=60' PUBLIC ACCESS, SEWER WATER EASEMENT INSTRUMENT NUMBER 2016-2167 SANITARY SEWER EASEMENT INSTRUMENT NUMBER 2016-2167 /1/2" CIRF ABBREVIATION LEGEND "W.A.I. ABBR. DEFINITION 5714" (R) CC# COUNTY CLERK'S FILE NO. CIRF IRON ROD FOUND WITH CAP IRON ROD SET WICAP STAMPED "W.A.I. CIRS 5714" CM CONTROLLING MONUMENT MAG MAG NAIL SET WITH SHINER STAMPED "W.A.I. R.P.L.S. 5714" PKF PK NAIL FOUND PKS PK NAIL SET \ XCF "X" CUT IN CONCRETE FOUND XCS "X" CUT IN CONCRETE SET LOT 2R, BLOCK 4 1/2" CIRF CHAMPION'S CIRCLE ADDITION "W.A.I. 5714" (R DOC. NO. 2018-296 POINT OF COMMENCING \ \S30°21'45"W 35.86'\ 1/2" CIRF "W.A.I. 5714" (R) NS9 S30°21'45"W 766847 \ 48.06' S rV LOT 1, BLOCK 4 CHAMPIONS CIRCLE ADDITION S59°38'15'E 2167 2016 NO . . - DOCQ' M / 35.00' A o POINT OF N30°21'19"E /T ': ' �s /,T 49.66' BEGINNING 04q— 2 ��► /Z ENCROACHMENT EASEMENT 0.040 ACRES N59°38'1511W� (1738 SQ. FT.) 35.00' / S30°21'19"W / 49.66' / ENCROACHMENT EASEMENT vWinkelmann & Associates, Inc. EXHIBIT SHEET CONSULTING CIVIL ENGINEERS SURVEYORS 6759 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 0-]090 0.040 ACRES, (1738 SQ. FT.) WALLAS, TEXAS 75230 (972)490-7099 FAX Texas Engineers Registration No, 69 Texas Surveyors No, 10086600 Expires 12-31-25 TANGER OUTLET CENTERS COPYRIGHT © 2025, Winkelmann & Associates, Inc. Scale: 1"=60' 3200 NORTHLINE AVENUE, SUITE r OF Date : 04.14.25 360 Z Dwq. File : 62501.0G-ENCR-EXH-1 GREENSBORO, NC 27408 ProlectNo.: 62501.OG G:\625\01\OG -SWC Interstate 35W and SH 144 FW, TX (Bubbas & Portillos FW)\SURVEY\Easements\62501.OG-ENCR-EXH-1.dwg E .pf• 8�6 • R1DNj /�/ LOCATICIN MAP IV. LS. MAPSCO NO. DEN-643U COUNCIL DISTRICT 10 VAI/ Winkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 DALLAS, TEXAS 75230 (972) 490-7099 FAX Texas Engineers Registration No. 89 Texas Surveyors No. 100866-00 COPYRIGHT © 2025, Winkelmonn & Associates, Inc. Scale : N.T.S Date : 04/17/2025 Dwg. File : 62501.OG Encroachment Exhibit Project No. : 62501.OG S 30-2!'W w 982.81 EXHIBIT A VICINITY MAP OWNER: PORTILLO'S RESTAURANT TANGER FORT WORTH, LLC CHAMPION'S CIRCLE ADDITION 3200 NORTHLINE AVE. STE 360 LOT 1, BLOCK 4 GREENSBORO, NC 27408-7612 F(1RT WORTH. TEXAS G.W. SHAMBLIN SURVEY, ABSTRACT NO. 119 & R. DANIEL ABSTRACT NO. 362 CITY OF FORT WORTH TARRANT COUNTY TEXAS SHEET 1 OF 1 ■ —I CORRECTED NATURAL GAS DISTRIBUTION SYSTEM EASEMENT AND RIGHT—OF—WAY INSTRUMENT NUMBER 2017-137651 ° 1 FH � ° � ° LANDSCAPE ° ° ° � ° STOP I I LP , eJ PATIO i — — — — — — — e ,' ° 500SF 4 a ` LOT 1, BLOCK 4 a CHAMPION'S CIRCLE ADDITION ° CC #20161003000179 ` Lr \\\\\\ I 9NCRETE PORTILLO'S j 0 j 6,250 SF ENCROACHMENT AREA FT1 (PRIVATE STM & UTILITIES I L J — — — E I \ ENCROACHING SWR ESMT.) 10" I PROPOSED ELECTRIC LINE BETE _ PROPOSED GAS LINE>, h PROPOSED PRIPROPO!ED PR WTR LINESNT SWR LINES tT 77, CORRECTED ELECTRIC LINE II _ r I EASEMENT AND RIGHT—OF—WAY / =1 UE e UE INSTRUMENT NUMBER I I 2017-136751 PROPOSED PRIVATE STM LINE / I I I Zm LEGEND PUBLIC SWR LINE _I— L CPN: 02628 & 104266 PRIVATE WTR LINES sT PRIVATE STM LINE GMK% PRIVATE GAS LINE ,� 0' 1 5' 30'— PRIVATE ELECTRIC LINE SANITARY tom_ '1 = 1 — — — — BOUNDARY LINE SEWER EASEMENT �� EX. PUBLIC Scale F 35' SANITARY CC #20161003000179 I I SWR LINE 1 "=30'L J SEWER EASEMENT WAYWinkelmann ENCROACHMENT EXHIBIT & Associates, Inc. PORTILLO'S RESTAURANT CONSULTING CIVIL ENGINEERS ■ SURVEYORS OWNER. O 6750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 CHAMPION'S CIRCLE ADDITION DALLAS, TEXAS 75230 (972) 490-7099 FAX TANGER FORT WORTH, LLC Texas Engineers Registration No. 89 3200 NORTHLINE AVE. STE 360 LOT 1, BLOCK 4 SHEET • Texas Surveyors No. 100866-00 GREENSBORO, NC 27408-7612 FORT WORTH, TEXAS COPYRIGHT © 2025, Winkelmann & Associates, Inc 1 Scale : 1:30 Date : 04/17/2025 G.W. SHAMBLIN SURVEY, ABSTRACT NO. 119 Dwg. File : 62501.OG Encroachment Exhibit & R. DANIEL ABSTRACT NO. 362 OF Project No. 62501.OG T RIRANTFCOUNTY WORTH EAS 2 11- It V LPii'FH SIDEWALKC) 0' 20, 40'---_---� �m,1 I STA. 2+89.09 EX BIN SWR EX. 5' DIA. SSMH Scale 1 "=40' CORRECTED ELECTRIC LINE EASEMENT AND RIGHT -OF -WA`.' .TRUMENT NUMBER 2017-136751 CORRECTED NATURAL GAS DISTRIBUTION SYSTEM j EASEMENT AND RIGHT-OF-WAY1— JSTRUMENT NUMBER 2017-137651 1 ' •-• ' '^ 1 - 1 e LANDSCAPE P< I PATIO I 1 ,• I ?T 1, BLOCK 4.._ - 1 — N'S CIRCLE ADDITION 120161003000179 STA. 1+00.92 EX BIN SWR i ' PROP. WATER CROSSING s. `I CONBg7ETE � � �'D ° al e • i i 1 ;I; _ F — — T, PORTILLO'S i 1, i, -t _ 6,250 SF 5r- STA. 0+97.42 EX BIN SWR i _ `aRpEctEo El LIE - PROP. WA TER CROSSING ' — �� IE 6•FucuHE n.,� 1 „n I' 1 WA LIFE STA . 2EX BIN ��� ��� > PROP WATER CROSSINGWR " I .� — 8' FIRE DNE � &.ETE s ` CL' - -- WALL I \ STA. 0+89.95 EX BIN SWR ' , 00 PROP. GAS CROSSING _ ' j CORRECTED NATURAL GAS 1 X STA. 0+87.95 EX BIN SWR 11 DISTRIBUTION SYSTEM PROP. ELECTRIC CROSSING 1 EASEMENT AND RIGHT-OF-WAY L , INSTRUMENT NUMBER ' — o� �I2017-137651\\\ \ STA. 0+75.66 EX BIN SWR 1' STA. 0+65.72 EX BIN SWR! . 1 , EX. 4 DIA. SSMH PROP. STORM CROSSING �� SANITARY SEWER �ASEMENT Il _— ` i CL QC #201610030001 r ' I 00 I I Is X GMK L---J C-JI j a i ---d STA. 0+00. 00 EX BIN SWR I � Winkelmann EXHIBIT D MA PROP. CROSSING EXHIBIT & Associates, Inc. PORTILLO'S RESTAURANT CONSULTING CIVIL ENGINEERS ■ SURVEYORS OWNER. 0 6750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490-7090 CHAMPION'S gRgF ADDITION DALLAS, TEXAS 75230 (972) 490-7099 FAX TANGER FORT WORTH, LLC Texas Engineers Registration No, 89 3200 NORTHLINE AVE. STE 360 LOT 1, BLOCK 4 SHEET Texas Surveyors No. 100866-00 COPYRIGHT©2025, Winkelmann s Associates, Inc. GREENSBORO, NC 27408-7612 FiiR 1 Scale :1"=40' Date : 04/17/2025 G.W. SHAMBLIN SURVEY, ABS RACT NO. 119 Dwg. File : 62501.OG Encroachment Exhibit & R. DANIEL ABSTRACT NO. 362 OF Protect No. 62501.OG TARIRANTFC O NTYV TEXAS 2 635 630 625 620 615 • e 605 Or cll� zz 00 co 00 Co Q:� X� X 2—XU XcNn-aocn °p o WU W :�i W�-U WO � �XUQ wO� W � �W� �� oM MN�CNw + � OO (C) Ld Q o W� Cl- W O � QO Q —QO Q� Qo -0 Q Cn w �CL (� �� Cr a_ w II r „v r< I1 II �, 0) \� :D- z I I o — — co o rn g d- 0) d co o o N .- NLC)z = C0 C0 II C� � N M_j rj bj I CO00 00 00CIO 00 CC) 00 CC) J J N J J � 0+50 1+00 MAYWinkelmann & Associates, Inc. CONSULTING CIVIL ENGINEERS ■ SURVEYORS 6750 HILLCREST PLAZA DRIVE, SUITE 215 (972) 490—]090 DALLAS, TEXAS 75230 (972) 490—]099 FAX Texas Engineers Registration No, 89 Texas Surveyors No. 100866-00 COPYRIGHT © 2025, Winkelmann & Associates, Inc. Scale :1 "=40' Date : 04/17/2025 Dwg. File : 62501.OG Encroachment Exhibit Project No. : 62501.OG OWNER: TANGER FORT WORTH, LLC 3200 NORTHLINE AVE. STE 360 GREENSBORO, NC 27408-7612 2+00 3+00 EXHIBIT D PROP. CROSSING PROFILE PORTILLO'S RESTAURANT a CHAMPION'S CIRCLE ADDITION LOT 1, BLOCK 4 SHEET FOR_ 2 G.W. SHAMBLIN SURVEY, ABS RACT NO. 119 & R. DANIEL ABSTRACT NO. 362 Or CITY OF FORT WORTH 2 TARRANT COUNTY TEXAS EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Revised 12/2022