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HomeMy WebLinkAbout064711 - General - Contract - Wal-Mart Real Estate Business Trust2/12/2026 Date Received: Record Number: PN25-00077 Time Received: 4:20 p.m. City Secretary No.; 64711 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 Wal-Mart Real Estate Business Trust, a Delaware business trust ("Licensee"), acting by and through its duly authorized . RECITALS WHEREAS, Licensee is the owner of the real property located at 3851 Airport Fwy, Fort Worth, Texas 76111 ("Property"), being more particularly described as, Lot 1, Block 1, of Riverside Wal-mart Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D205180849; and WHEREAS, the City owns a drainage easement (the "Public Property") adjacent to the Properry, dedicated by plat, depicted on the final plat of the property (FS- 03-105), which plat is recorded in the plat records of Tarrant County as Instrument D204107598; 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 conduit line (the "Encroachment"). 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 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 12 Standard FT. woRTH, Tx Revised 12/2022 Encroachment to further infringe in or on the Public Property beyond what is speciiically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. � 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 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 Tier II Easement Encroachment Agreement Page 2 of 12 Standard Revised 12/2022 to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. � LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS Tier II Easement Encroachment Agreement Page 3 of 12 Standard Revised 12/2022 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 provide City with a Memorandum of Insurance stating that Licensee has secured and paid for a policy granting the City status as an additional insured and covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." Licensee warrants that coverage is provided on a primary non-contributory basis with a waiver of subrogation granted in favor of the City. 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 or ten (10) days prior written notice in the case of non- payment to the Building Official of the City. A copy of such Memorandum of Insurance is attached as Exhibit "B" and incorporated herein far 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 subcontractars. Tier II Easement Encroachment Agreement Page 4 of 12 Standard 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. 17. Tier II Easement Encroachment Agreement Page 5 of 12 Standard Revised 12/2022 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 Standard Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 12 Standard 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 ,l�tC�o�r tfa��eCC Bt%� DallonHarrel(Fe�"2.202G�5�.03�.�9CST) .7 D. J. Harrell Director, Development Services Department Date: 02/12/2026 ATTEST: � � .,��� 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. _�� Kandice Merrick Development Services Manager C�] �� [y/,l �:� �[K�]:� �7 CITY SECRETARY FT. WOI�TH, TX Tier II Easement Eneroachment Agreement Page 8 of 12 Standard Revised 12/2022 Liceiise�: �'al-Mart Rcal i:state i3usi��css '['rt�st a 17c1a����rc ��tisincss tt-ust F3y: LL� � 1` ��� � i�`ame: Ure�v Marshall l"stle: [.)irector ❑atc: j J 1 r� `�--`��,�a STATI� flr �/II�aYi�'..t� C{)L1NTY C3�� �pl�]�bi�I 5 § I3�:FC]RI: yiE:. �hc ii�icicrsi��i�ed ����tliorit�. �i Nnta�-v P�il�lic ii� and fa3�• tl�c Stat� c}f �����r�an tf�is da} prrsanall� app�ared 1)r�r� l�iarshail, I)ircctor (-l�itic}. knn��r� tc� �ne to he the perst�n ���itzs� name is subscribzd t�z the i��re�,t}in�� instrinnei�t. ar�d ackr�o��•Ic:d�ed tn i�ic lhat l�c nr s'F�r ��ec«tcd tf3e samc fnr the piu'pnscs and eosisidcratic�n th�reisi �xprrssed. �3s tlze act ��ru� clect� of Wal-�'Iart Fteal Estate 13usixiess 'Trust, a llrla�i�are k�usi��css trust te�itil�' t} p�J_ ��nd i�} tf�e c�ipacity tticrein stat�d. G1Vl�h' L1N1Jk:It 1�Y f 4lINU Ai�1) Sl:A[ :%I� -- ?��`� � .. ��r� � f .�= NO[31'V F�UL]�lC ii and for State o l� �-17 �%IS -�I-S' � � LI�1pA ST��L1�S ' fV�7ARY PU$LiC � = ��170N Cbt1NTY, ARKAAi5A5 COMM. �XP. f2107127 , '� �MAAiS5l01v ND. i 2703323 ��.__.�_ 'I'icr li L:�js�mcnt I.:neroaehn2erit A��rcci�lcni 5tandard � [)f= �E�i�EC'E tfiis ��� day ot' Pa�wc 9 nf' I? Revise[f I?;'?p?3 �i*i�iYl 11: I I.Y J_l!f ��L�J :i�J II 11'''l�J ��l�J .�I 1��'L�J .�I 11: l�J �I �I l�l �11A`1 Dl�J►1 �1''��Y 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 12th day of February 2026. , l�n������«✓s��Q Notary Public in and for the State of Texas � Wendy Beardslee �My Commisclon Expires * 7l2812029 Notary ID133237193 Tier II Easement Encroachment Agreement Page 10 of 12 Standard Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 12 Standard Revised 12/2022 ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT DESCRIPTION - 0.156 ACRE BEING a tract of land situated in the McLemore Survey, Abstract No. 1056 and the F. Wood Survey, Abstract No. 1624, City of Fort Worth, Collin County, Texas being a portion of Lot 1, Block 1 of Riverside Wal-Mart Addition recorded in Cabinet A, Slide 9119, Plat Records of Tarrant County, Texas (P.R.T.C.T.) conveyed to Wal-Mart Real Estate Business Trust by deed recorded in Document No. D205180849, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described as follows: BEGINNING at a point in said Lot 1, from which a 5/8-inch iron rod found capped (stamped "Dunaway") for a corner in the southeast line of said Lot 1, common with the northwest right-of-way line of State Highway 121 bears, South 61°42'51" West, 65.90 feet and from said point, a concrete highway monument found for a corner in the southeast line of said Lot 1, common with the northwest right-of-way line of State Highway 121 bears, North 84°32'48" East, 82.67 feet; THENCE over said Lot 1 the following courses: North 29°37'42" West, 18.08 feet to a point; North 60°22'18" East, 18.50 feet to a point; South 29°56'10" East, 7.28 feet to a point; South 69°19'59" East, 4.16 feet to a point; North 59°14'53" East, 49.70 feet to a point; North 68°22'23" East, 149.98 feet to a point; North 07°55'18" East, 65.40 feet to a point; North 82°20'51" East, 69.52 feet to a point; North 59°14'53" East, 246.65 feet to a point; North 16°19'35" West, 11.36 feet to a point; North 73°40'25" East, 19.50 feet to a point; South 16°19'35" East, 31.00 feet to a point; South 73°40'25" West, 19.50 feet to a point; North 16°15'10" West, 9.29 feet to a point; South 59°15'04" West, 246.09 feet to a point; South 82°20'51" West, 64.01 feetto a point; South 07°55'18" West, 63.63 feet to a point; South 68°22'23" West, 154.99 feet to a point; South 59°15'04" West, 53.73 feet to a point; North 69°19'59" West, 3.24 feet to a point; South 60°22'18" West, 14.51 feet to the POINT OF BEGINNING and containing 6,779 square feet or 0.156 of an acre of land. I hereby certify that the foregoing metes and bounds description and sketch are b�d on on the gro su y prepared by Kimley-Horn. �f �% f , � ���; � �- ------ -- - � /m 2'G�S� !^, � A r,�'` Date/ � Register�d Professional Surveyor No. 5933 ONCOR ELECTRIC DELIVERY Kimley-Horn 400 North Oklahoma Drive, COMPANY LLC EASEMENT Suite 105 Celina, Texas 75009 Phone: 469-501-2172 � PART OF LOT 1, BLOCK 1 ��P���o ��s #: � :ic ............................ DANIEL R. ARTHUR ............................... '.. ,� 5933 �, :' ., ,po o�P: � �9�0. SE�SR v �yo RIVERSIDE WAL-MART ADDITION A. MCLEMORE SURVEY, ABSTRACT NO. 1056, F. WOOD SURVEY, ABSTRACT NO. 1624 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimle >>>Horn 400 North Oklahoma Dr., Suite 10� Tel. No. (469) 501-2200 Celina, Texas 75009 FIRM # 10194503 www.kimley-horn.com Scale Drawn bv Checked bv Date Proiect No. Sheet No. N/A MJS/NSG DRA 6/10/2025 063363302 'I OF 2 ILINE TABLE LINE TABLE I I INO. BEARING LENGTH NO. BEARING LENGTH NORTH I I � � IL1 N29°37'42"W 18.08' L10 S16°19'35"E 31.00' I I L2 N60°22'18"E 18.50' L11 S73°40'25"W 19.50' o ao so � IL3 S29°56"� O��E 7.28' L12 N 16°� 5�� O��W 9.29� GRAPHIC SCALE IN FEET 20' DRAINAGE EASEMENT \ I L4 S69°19'59"E 4.16' L13 S82°20'51"W 64.01� CAB.A,SLIDE9119 \ P.R.T.C.T. I L5 N59°14'53"E 49.70' L14 S07°55'18"W 63.63' so'DRAINAGE \ i" EASEMENT IW�' '�' CAB. A, SLIDE 9119 L6 N07°55'18"E 65.40' L15 S59°15'04"W 53.73' � o w� P.R.T.C.T.� IL7 N82°20'S1"E 69.52' L16 N69°19'59"W 3.24' _ �� � L8 N16°19'35"W 11.36' L17 S60°22'18"W 14.51' � O � O �/ O U � U L9 N73°40'25"E 19.50' W� O� �/ � / LOT 1, BLOCK 1 v m �� /�-9 RIVERSIDE WAL-MART ADDITION ONCOR ELECTRIC DELIVERY � Q�" Q ;/ �� CAB. A, SLIDE 9119 COMPANY LLC EASEMENT ¢ / �$ / � P.R.T.C.T. 0.156 ACRE � ��1 � 6,779 SQ. FT. � / L12 WAL-MART REAL ESTATE o9.� � BUSINESS TRUST 66y 2�6•/ � � DOC. NO. D205180849 � `��` ,�5oa � � \ O.P.R.C.C.T. ��g'��``'3 5 j� � — \ \ � � 30' DRAINAGE / / � � EASEMENT / \ � � CAB. A, SLIDE 9119 _ L7 � / / � P.R.T.0.T. . l .� — — � � / �2� �� — _ �13 S � � ��. /� �� —�'�.��' � P / `, � � �� / / VARIABLE WI H\ ` _ � � � � / A'�`C`\G � / SIDEWALK 7 � — — � ��' \ / EASEMENT � � / ,�q9 9�' � � � CAB. A, SLIDE 9119 � �� `\ I � P.R.T.QT. � 6 2223 g -VARIABLE WIDTH SIDEWALK � N �6�9 EASEMENT \ \ I L4 � � 'j�� / CAB. A, SLIDE 9119 � V L L3 // c�0a ZLZ P.R.T.C.T. . �5 _ i ��Z � I ����� I _ _ — CONCRETE I`� HIGHWAY �I i� L16 MONUMENT � FOUND ' L17 N84°32'48"E P. �. B. 82.67' PFC s/a"IRFC S61°42'51"W "DUNAWAY" 65.90' NOTES Corners of easement to be acquired are not monumented, unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. LEGEND PFC = POINT FOR CORNER P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. = PLAT RECORDS TARRANT COUNTY, TEXAS ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT PART OF LOT 1, BLOCK 1 RIVERSIDE WAL-MART ADDITION A. MCLEMORE SURVEY, ABSTRACT NO. 1056, F. WOOD SURVEY, ABSTRACT NO. 1624 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimle >>>Horn 400 North Oklahoma Dr., Suite 10� Tel. No. (469) 501-2200 Celina, Texas 75009 FIRM # 10194503 www.kimley-horn.com Scale Drawn bv Checked bv Date Proiect No. Sheet No. 1"=80' MJS/NSG I DRA I 6/10/2025 I 063363302 I 20F2 \ `— —� \ PROPOSED ELECTRICAL N82°20'51"E PULLBOX 69.5' _ _ � � EX. DRAINAGE EASEMENT (PRIV.) N7°55'18"E _ � CAB. A, SLIDE 9119 65.4'� �O� \ P.R.T.C.T. j ' � \ � �, EXISTING ELECTRICAL LINE � � e � EST DEPTH: 2-3� / ,`�' � � \ EX. 8' X 5' RCB STORM S82°20'51"W�� � LINE (PUBLIC) �S7°55'18"W 64.0' E — E . — � � 63.6 �._� � � ' E _ ---�� r--,l-i � PROPOSED ELECTR � �J� � � � _ � PULLBOX _• �' EXISTING 8" WATER LINE �_ ----�— EX. UNKNOWN GC TO FIELD VERIFY ELEVATION PRIOR TO UTILITY LINE (PUBLIC) — — — INSTALLATION _ � B _ DEPTH: <1' — w�(o) R _. 560 HORIZONTAL SCALE: 1"=30' VERTICAL SCALE: 1 "=6' 560 �I Im z x w � o w � Q EX.GRADEEE��� D w \ � Z D � �J�J�J -- -- � � Z � � m m a o v�i � � m ❑ - 3 w Z m � � I STA 2+60.1 Y ' EXISTING 8" WATER LINE MIN.2' (P1 6 3-0 601 63 01 51 32, DUNAWAY ASSOCIATED, 2003) OF VERTICAL CLEA ANd■ CONTRACTOR TO FIELD VERIFY THE ELEVATION OF EXISTING E � WATER LINE PRIOR TO INST,`LATION OF ELECTRICAL CONDUIT � � MIN.2' OF VERTICAL CLEARANCE � 545 — 540 535 2+QQ � 555 � 550 � 545 � I 540 �--STA 2+43.76 EX. 8'X5' RCB CROSSING EX.FL: 540.87 (W-1347, DUNAWAY ASSOCIATES, 2003) CONTRACTOR TO FIELD VERIFY THE ELEVATION OF EXISTING STROM LINE PRIOR TO INSTALLATION OF ELECTRICAL CONDUIT I I I ��5 3+QQ GRAPHIC SCALE IN FEET 0 15 30 60 N��Ty � _ � ����o '��"; � �e �� �� . 0 0 00 � y � ���c �a�a� 3w ao°m issuE e�ocK ENCROACHMENT EXHIBIT SNE�EXHIBIT-A EXISTING 8" WATER LINE \ / � GC TO FIELD VERIFY ELEVATION PRIOR TO � � / INSTALLATION /� _ � / � � �_ � EXISTING ELECTRICAL LINE /� � EST DEPTH: 2-3' -� � �, � � �� i i� —N59°14'53"E-246.6' M __� Y �%' • „ � � _ � � �� � E --- � � � _,� �� i ,R --- —S59°15'04"W-246.1' N — / G —� // � w `i EX. 8' X 5' RCB STORM LINE �� EX.IRRIGATION LINE (PUBLIC) � A'�`� (PUBLIC) /� DEPTH:.5'-1.5' ' —s� GC TO MAINTAIN MIN. 2' � EX. UNKNOWN UTILITY LINE — — — -- OF VERTICAL CLEARANCE (PUBLIC) / � f __ � � " — � EX. 18" RCP (PUBLIC) DEPTH: <1' �/ _ _ GC TO MAINTAIN MIN. 2' � GC TO MAINTAIN MIN. 2' __ _OF VERTICAL CLEARANCE I OF VERTICAL CLEARANCE 560 �I Z W � w � w 555 a -- a w � > ❑ O X v w � 550 / � �///� STA 5+09.6Y EXISTING 8" WATER LINE 06016 301 51 32, DUNAWAYASSOCIATED, 2003) IACTOR TO RELD VERIFY THE ELEVATION OF STING 8" WATER PRIOR TO INSTALLATION OF ELECTRICAL CONDUIT I 540 � 535 � o �_ �` _ _ � ��„„_ � �� �. � .. � �� 0 0 �� � y � �Foc � a�a� 3w aoQm issuE e�ocK ENCROACHMENT EXHIBIT 4+g0 5+00 5+90 �="E�`EXH�B�T-A HORIZONTAL SCALE: 1 "=30' VERTICAL SCALE: 1 "=6' Im � EX.GRAD[[--�� x \ O � D � D - � m D N m �� TA:5+37.89 3 �EX. IRRIGATION LINE m Z � TA: 5+34 40 EX. UNKNOWN UTIILITY PIPE I � MIN.2' OFVERTICALCLEARANCE � E MIN.2' OF VERTICAL CLE � E � �STA 5+17,72 EXISTING 8'XS' RCB CROSSING EX.FL: 540.60 (W-1347, DUNAWAY ASSOCIATES, 2003) CONTRACTOR TO FIELD VERIFY THE ELEVATION OF EXISTING STROM LINE - PRIOR TO WSTALLATION OF ELECTRICAL I CONDUIT 560 555 550 545 540 � 535 GRAPHIC SCALE IN FEET 0 15 30 60 tio�Ty i EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Standard Revised 12/2022 ��,. Global Risk ''�'� Management Effective Date: Corrtinuous throughout theterm ofthe below referenced agreement. RE: Request for proof of insurance / self-insurance pertheterms of a signed agreement To Whom It May Concern, Wa I martta kes its obligations to its associates, customers, business partners, I andlords, a nd others veryseriously. In order to bestfulfill its responsibilities to its customers, associates, a ndshareholders, Walmart uti lizes a combinationofinsurance,self-insuredretentions,andself-insurancefora numberofrisks.Withrespectto claims a ri singout of thi rd pa rty liabilities fora II forms of I egal I iability for bodilyi njury a nd propertyda mage, Walmart I nc., its affiliates and its subsidiaries (collectively "Walmart"), elects to self-insurethe i nsurance requirements of its agreementswhereallowed by lawand bytheterms oftheagreement. With respectto claims a risingfrom physical loss ordamageto structures, equipment a nd/orother tangible property for which Walmart assumes the res ponsibilityfor the risk of I oss, Walmart i s self-funded. The existence of an i nsurance policy does not supersede Walmart's rightto self-insure. Please a Ilowthis letter to s erve a s evi dence of Walmart's el ection to self-insure. Wa I mart i s preparedto meet its I egal I iabilities in connection with its agreements. For evi dence of the requisite net worth of Walmart, pleasevisit http://stock.walmart.com toviewthecurrentannual and quarterlyreports. Si ncerely, WalmartGlobal Risk Management ��RT�ORTH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Wal-Mart Real Estate Business Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No ❑✓ If so, the M&C must be attached to the cont�act. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the o�iginal contract number and the amendment numbe�^. Is the Contract "Permanent"? *Yes ❑ No ❑✓ If unsu�e, see back page foN permanent cont�^act listing. Is this entire contract Confidentiial? *Yes ❑ No ✓❑ Ifonly specific information is Confidential, please list what info�mation is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs Expiration Date: 30 years from execution If �different, fi�om the approval date. If �applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ✓❑ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the infor�nation is not provided, the contract will be returned to the departn�ent.