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HomeMy WebLinkAbout065443 - General - Contract - Wal-Mart Real Estate Business TrustDate Received: 6/26/2026 Time Received: 10:15 a.m. Record Number: PN26-00078 City Secretary No.: 65443 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIFR IF 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 representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 6756 W. Vickery Boulevard, Fort Worth, Texas 76116 ("Property") being more particularly described as, being a 6.397 acre tract of land situated in the E. 11. Burke Survey, Abstract Number 160. Tarrant County, Texas in the City of Fort Werth, being Lot 1, Block 1, Wal-Mart Neighborhood Market Addition., an addition to the City of Fort Worth, according to the plat recorded in Cabinet A, Slide 9945, Plat Records of Tarrant County, Texas and being a portion of the tract of land, as recorded in Official Public Records, by Instrument Number D206071835; and WHEREAS, the City owns a variable width Water (FS-007-172) and Sewer easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property (FS-007-172), which plat is recorded in the plat records of Tarrant County as Instrument D207457550; 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: OFFICIAL RECORD AGREEMENT CITY SECRETARY FT. WORTH, TX I. 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 Tier 11 Easement Encroachment Agreement Page 1 of 12 Revised 12/2022 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 electrical conduit (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 Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in. strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction. maintenance. or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including iinstalling, 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 11 Easement Encroachment Agreement Page 2 of 12 Revised 12/2022 S. 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 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. b. 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 (S1012.50). 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 fttrthcr 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 Tier 11 Easement Encroachment Agreement Page 3 of 12 Revised 12/2022 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 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 TILE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR 'SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with written documentation evidencing that Licensee is self -insured and maintains financial responsibility sufficient to cover all public liability risks related to the proposed use and occupancy of public property as located and described in Exhibit "A." The limits of such insurance shall be not less than $1,000,000 with the understanding and agreement that the City may require higher limits of indemnification at its option, and Licensee shall adjust accordingly upon receiving written notice of such requirement, Such self-insurance 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 nonpayment to the Building Official of the City. Documentation of Licensee's self -insured status is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain such self-insurance and financial responsibility Tier 1I Casement Encroachment Agreement Page 4 of 12 Revised 12/2022 throughout the term of this Agreement and until the Encroachment is removed and the Public Property is restored.. In addition, Licensee shall require all contractors and subcontractors performing any work within the Encroachment to maintain, at their own expense, policies of public liability insurance covering all public risks arising from their operations. Such insurance shall name the City, Licensee, and Licensee's officers, agents, employees, successors, and assigns as members of the indemnified group. The limits of insurance required of contractors and subcontractors shall be no less than $1,000,000, or higher limits as the City may require at its option. Licensee agrees, binds, and obligates itself and its successors and assigns to ensure that all contractors and subcontractors maintain such insurance coverage for the duration of their work within the Encroachment and until the Encroachment is removed and the Public Property is restored. 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. 11 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 construcd as creating a partnership or joint enterprise between City and Licensee. Tier 11 Easement Encroachment Agreement Page 5 of 12 Devised 12/2022 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. 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 notassign 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. Tier 11 Easement Encroachment Agreement Page b of 12 Revised 12/2022 20. Any cause of action for breach of this agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the lams 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 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 By: Dalton Harrell Jun 22, 2026 01:16:33 CDT) D. J. Harrell Director, Development Services Department Date: 06/22/2026 o.'o aan n c� FORr�aa ATTEST: ��/JnJ\�j—{\7°�.;�, Approved As To Form and Legality Jannette Goodall, Tayler Canton City Secretary Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 'Pier II Easement Encroachment Agreement Page & of 12 Revised 12/2022 Licensee: Wal-Mart Real Estate Business Trust a Delaware Business Trust By: Name: Drew Marshall Title: Director, Real Estate Date: 6 / a � �' STATE OF II-r-V ar`5o..5 § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of r" rs on this day personally appeared (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thator she executed the same for the purposes and consideration therein expressed, as the act and deed of T-y_ar a j3pC .o (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _Iunc .2026. JOSEPH A Pr=tITCHARD i tart' Public in and for the BENTC NOTARY COUNTY ARI4ANSAS i COMM. EXR 07141/33 State of C I i COMMISSION NO, 12724265 Tier 11 Easement Encroachment Agreement Page g of 12 Revised 12/2022 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 22nd day of June 202E Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Audray Lee Waliace My Commisslon Cxpir-as f OltN22 28 Notary 4D 135082586 Page 10 of 12 Revised 12/2022 EXHIBIT A Depiction and description of the Eneroacluncnt Tier II Easement Encroachment Agreement Page I I of 12 Revised 12/2022 '.r I c 7 _--_m_ ----- -- - --- - .�--' ' �0F 5V CHARGING #,OEA I WALMART NEIGHBORHOOD WALMART STORE 3419 39,590 S.F. ,,;• �S 7' ,, Y ENCROACHMENT EASEMENT DESCRIPTION 0.005 - ACRE BEING a tract of land situated in the Evan H. Burke Survey, Abstract No. 160, City of Fork Worth, Tarrant County" Texas and being a portion of Lot 1A, Block 1 Wal-Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the Plat filed of record in Cabinet A, Slide 12368 Plat 'Records, Tarrant County, Texas (P.R.T.C.T.), described by deed to Wal-Mart Real Estate Business Trust recorded in Document No. D206071835 Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point in the southeasterly line of said Lot 1A, same being the northwesterly line of West Vickery Boulevard a variable width right-of-way, from which a point for a southwest corner of said Lot 1A, same being the southeast corner Lot 1 B, of said Block 1 bears South 63035'02" West, a distance of 89.84 feet; THENCE over said Lot 1A the following bearings and distances: North 04°04'33" West, a distance of 21.62 feet to a point for corner; North 63035'02" East, a distance of 10.83 feet to a point for corner; South 04°09'00" East, a distance of 21.61 feet to a point for corner in the southeasterly line of said Lot 1A, same being common with the northwesterly line of said West Vickery Boulevard, from which a 5/8-inch iron rod found for an east corner of said Lot 1A, same being a south corner of Lot 3 Block 1, Wal-Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the Plat filed of record in Cabinet A, Slide 9945 P.R.T.C.T., in said northwesterly line of West Vickery Boulevard, bears North 63°35'02" East, 25.14 feet, North 50026'43" East, 86.46 feet; THENCE South 63®35'02" West, with said common line, a distance of 10.86 feet to the POINT OF BEGINNING and containing 1,586 square feet or 0.005 of an acre of land. OF r,Is T Ewfi MICHAEL J. SWAYNE, '4 �•�:�"'zi��� REGISTERED PROFE SIGNAL ................................... LAND SURVEYOR NO. 7143 MICHAEL J. SWAYNE 400 NORTH OKLAHOMA DRIVE ................••.............••. SUITE 105 7143 P; F CELINA, TEXAS 75009 C,,yo�e s s ►°�� PH. 469-501-2200 C ��S WN michael.swayne@kimley-horn.com AILEY GREG 4l2912026 if) 59 Ab,1 K 10EL_5URVEM6336U864 M 3419 FT WORTH TX 2025EV191' ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS -WM3A19- o ( I 30 60 LOT 2, BLOCK 1 NORTH NEIGHBORHOOD GRAPHIC SCALE IN FEET 1 MARKET ADDITION i CABINET , SLIDE 9945 ` P.R.T.C.T. i LOT 1A, BLOCK 1 WAL-MART NEIGHBORHOOD MARKET ADDITION CABINET A. SLIDE 12368 P.R.T.C.T. BURKE SURVEY EVAN K. NO' 1B0 I ABSTRACT WAL-MART REAL ESTATE BUSINESS TRUST DOC. NO, 0206071835 VARIABLE VADTH N O.P,R.T.C.T. ACCESS EASEMENT CAB, A. SLIDE 9945 LOT BLOCK 1 s P.R.T.C.T. I NEIGHBORHOOD l MARKET ADDITION i CABINET A, SLIDE 9945 ti P.R.T.C.T. EASEMENT & RIGHT-OF-WAY ONCOR ELECTRIC DELNERY COMPANY DOC. NO. D2252663 4.P,R.T.C.7. O,P.R. LLC Z.T I I L— 0.005 ACRE `� `. `� \ 5M IRF LOT 1B, BLOCK 1 C'a�` o r' WAL-MART NEIGHBORHOOD �y\'. s� �. g4 a MARKET ADDITION �g L:�Cp9 pp�G •v^1 CABINET A, SLIDE 12368 P.R.T.C.T. r . r�11Q tl r PFC Q Off. ` ���F+•4� r ' R�G� r' NOTES Bearing system based on the Texas Coordinate System, North Central Zone (4202), North American Datum of 1983 (NAD 83). LINE TABLE NO. BEARING LENGTH Li N04°04'33"W 21.62' L2 N63°35'02"E 10.83' L3 SO4a09'00"E 21.61' L4 S63°35W'VV 10.86' LEGEND P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND PFC = POINT FOR CORNER P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS w w A A Lh cnrn ra cn o cn Cl cn v Cl 37 o m I 0 C) Q © 0 N + 0 . _ _ 11 r.. _ 1NWOSV3 a3M3S GNV b31VM ON cn p m Q ® + 0 Ul a 0 Q C o M M Cl w ,op��m z -uS�' � 3�4Gyrn maa am 20 --I ^' Q a cc 0�QC ©C� Im >x I -n nx 00 <�Z rm-�p0 m - IQo M c,~ F) 4 r 00 Q-4 z 0 Z C Gn. �A, En C)^'ice c�i, 00 win Q O o R T Z ti z m :* M (n >Q� mS+ >0 >;u x�am. oia z r -� Q 'r" --# Q r_ C7 Q L)san o 10 M� l C % in vz��� aa^ 0 m �s Mz -�im" a °aCm 2 Z Z<Z�1 IM�E r T 7' 0 ��fn Ln rJmEnz rJ 0 r- CC) — Tm m p m r� -1Za 0 cn p r Q� z Q C G) z L7 Mm cn A 0 0 x Wm IEn bA`5 m� v �D m"9 �MM fy m M 1 J ► -1� to ca 0+ 1111��1iii1��1�� liim Illlllllll�lllllll � 4 ro 0 C Q m rr- 0 l 1 {� rT = Z cc —M C n r1 i 000 oril m� M `U � O d 0`y MQW MQM �m0 0 � 0 Z -< -1 {n cn �-n Z,W 0 Q C z --40m IM C C zI E+ � sx2 �i9F'Cai i!✓�r a i N L -. Jt+. + �� � R�� �� x t �r 1 1 t t N t Y t i 2 t N !' t• e„ � y� all F'�� ! ! } ggpNal 1 ���.� t : ; � � w t � �+ � •0+�� � aye ll A i P 1 1 J 1 R 1 it �i C ie°r t 11 13f 1 } { R da a !I }ra R • } iy e� n Z k i• �f �} i1,}Sa � . 4 s a { a � } 1 a >< N �y { m N x • 1 } }� ' it xQp wgE a a[ x • ! j x xt x@ x x x � a � t � ; [ i f �S�f ?�6�'ft,e,�1 sf'x•�j�6 f f f f #�a�fifff # f #� i ri: �} �z; 7N IYN it iN }i iN zN xi Fi a t IiN $ 1. Rgg. _Aj f _ x}t�yrs �a}�}�f�i L E' I cIFN •� - �' will t� � �N:f1i0{.ittt h t` 1 .1 1 —ilk s i i I # }y Ll �� pg - lit } }9a�rl •. '� 411 L' 9 till I ...: _ , t► EXHIBIT B Certificate of Insurance Tier 11 Easement Encroachment Agreement Page 12 of 12 Revised 12/2022 Walmart Global Risk Management Effective Date: Continuous throughout the term of the below referenced agreement. RE: Request for proof of insurance j self-insurance per the terms of a signed agreement To Whom It May Concern, Walmart takes its obligations to its associates, customers, business partners, landlords, and others veryseriously. In order to best fulfill its responsibilities to its customers, associates, and shareholders, Walmart utilizes a combination of insurance, self -insured retentions,and self-insurance for a number of risks. With respect to claims arising out of third party liabilities for all forms of legal liability for bodily injury and property damage, Walmart Inc., its affiliates and its subsidiaries (collectively "Walmart"), elects to self -insure the insurance requirements of its agreements where allowed by law and by the terms of theagreement. With respect to claims arising from physical loss or damage to structures, equipment and/or other tangible property for which Walmart assumes the responsibility for the risk of loss, Walmart is self -funded. The existence of an insurance policy does not supersede Walmart's right to self -insure. Please allow this letter to serve as evidence of Walmart's election to self -insure, Walmart is prepared to meet its legal liabilities in connection with its agreements. For evidence of the requisite net worth of Walmart, please visit http://stock.walmart.com to view the current annual and quarterly reports. Sincerely, Walmart Global Risk Management ENCROACHMENT EASEMENT DESCRIPTION 0,005 - ACRE BEING a tract of land situated in the Evan H. Burke Survey, Abstract No. 160, City of Fart Worth, Tarrant County, Texas and being a portion of Lot 1A. Block 1 Wal-Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the Flat filed of record in Cabinet A, Slide 12368 Plat Records, Tarrant County, Texas (P.R.T.C.T), described by deed to Wal-Mart Real Estate Business Trust recorded in Document No. D206071835 Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point in the southeasterly lisle of said Lot 1A, same being the northwesterly line of West Vickery Boulevard a variable width right-of-way, from which a point for a southwest corner of said Lot 1A, same being the southeast corner Lot 1 B, of said Block 1 bears South 63035'02" West, a distance of 89.84 feet; THENCE over said Lot 1A the following bearings and distances: North 04°04'33" West, a distance of 21.62 feet to a point for corner; North 63°35'02" East, a distance of 10.83 feet to a point for corner; South 04°09'00" East, a distance of 21.61 feet to a point for corner in the southeasterly line of said Lot 1A, same being common with the northwesterly line of said West Vickery Boulevard, from which a 5/8-inch iron rod found for an east corner of said Lot 1A, same being a south corner of Lot 3 Block 1, Wal-Mart Neighborhood Market Addition„ an addition to the City of Fort Worth, according to the Plat filed of record in Cabinet A, Slide 9945 P.R.T.C.T., in said northwesterly line of West Vickery Boulevard, bears North 63°35'02" East, 25.14 feet. North 50'26'43" East, 86.46 feet; THENCE South 63035'02" West, with said common line, a distance of 10.86 feet to the POINT OF BEGINNING and containing 217 square feet or 0.005 of an acre of land. MICHAEL J. SWAYNE REGISTERED PROFS SIONAL LAND SURVEYOR NO. 7143 400 NORTH OKLAHOMA DRIVE SUITE 105 CELINA, TEXAS 75009 PH. 469-501-2200 michael.swayne@kimley-horn.com 1L 5' i+M K iGFi SIJRVJ Y%N133.f ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, �•,0F, T ABSTRACT NO. 160 ��.•,57E�; CITY OF FORT WORTH TARRANT COUNTY, TEXAS MICHAEL J. SWAY i E ................................ Ki,m.1q)))Hor1n 7143 -S S ..S'*:• u0 Nortn Rkshoma Dr SuTeI No {4fi) 501- 'hM 3..15 t 0 30 60 } LOT 2, BLOCK 'I N9RTti NEIGHBORHOOD GRAPHIC SCALE IN FEET } MARKET ADDITION } CABINET A, SLIDE 9945 P.R.T.C.T. } 4 LOT IA, BLOCK 1 } WAL-MART NEIGHBORHOOD MARKET ADDITION } CABINET A, SLIDE 12368 P.R.T.C.T. t� FI BURKE EVASURVEY, r ABSTRACT N 160 M1 WAL-MART REAL ESTATE BUSINESS TRUST } DOC. NO. 0206071835 VARIABLE WIDTH } Q P.R.T C T. ACCESS EASEMENT CAB A. SLIDE 9945 LOT $, BLOCK 1 P. R. T.C.T } ` NEIGHBORHOOD MARKET ADDITION } ! CABINET A, SLIDE 9945 } P.R.T.C.T. EASEMENT & RIGHT.01`4VAY ONCOR ELECTRIC DELIVERY COMPANY LLC DQC NO P0225229663 OCT 9 l 1 0.005 ACME 217SQ. FT.-\ LOT 1 B, BLOCK 1 WAL•MART NEIGHBORHOOD MARKET ADDITION CABINET A, SLIDE 12368 P.R.T.C.T.. ., t � C NOTES Bearing system based on the Texas Coordinate System, North Central Zone (4202). North American Datum of 1983 (NAD 83). LINE TABLE NO BEARING LENGTH L1 N04'04'33"1N 21.62' L2 N63`35'02"E 10.83' L3 SO4`09'00"E 21.61' L4 S63'35'02"Vu 10.86' Y GREG 4QQ!20.26 10 54 AM K LEGEND P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND PFC = POINT FOR CORNER P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY. TEXAS O.P R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS , L 1 i♦ e� I Li'l 1 { --- - - - - -� z• LA - - Of M .S law iULU cr x m 'r m � , P axa0 IA LLJ 1 UIO <, A311WI -. LL �`� y t 1 f ! Q - tl Cf W CL C� E a rC a t W } low � V LL V (C)Go If t LD wLLI P f 4'7 LY O eia f" _ _ �4 i e ,i FLIU a z W m z a �► - t' W( LL Oi a x z s f3 1LFp5 R A 9i 5 J 5 ENCROACHMENT EASEMENT DESCRIPTION 0.005 -"ACRE BEING a. tract of land situated in the Evan H. Burke Survey, Abstract No. 160, City of Fort Worth, Tarrant County, Texas and being a portion of Lot 1A, Block 1 Wal-Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the Plat filed of record in Cabinet A, Slide 12368 Plat Records, Tarrant County, Texas (P.R.T.C.T.), described by deed to Wal-Mart 'Real Estate Business Trust recorded in Document No. D206071835 Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point in the southeasterly line of said Lot 1A, same being the northwesterly line of West Vickery Boulevard a variable width right-of-way, from which a point for a southwest corner of said Lot 1A, same being the southeast corner Lot 1 B, of said Block 1 bears South 63°35'02" West, a distance of 89.84 feet; THENCE over said Lot 1A the following bearings and distances: North 04'04'33" West, a distance of 21.62 feet to a point for corner; North 63035'02" East, a distance of 10.83 feet to a point for corner; South 04°09'00" East, a distance of 21.61 feet to a point for corner in the southeasterly line of said Lot 1A, same being common with the northwesterly line of said West Vickery Boulevard, from which a 5/8-inch iron rod found for an east corner of said Lot 1A, same being a south corner of Lot 3 Block 1, Wal-Mart Neighborhood Market Addition, an addition to the City of Fort Worth, according to the Plat filed of record in Cabinet A, Slide 9945 P.R.T.C.T., in said northwesterly line of West Vickery Boulevard, bears North 63°35'02" East, 25.14 feet, North 50026'43" East, 86.46 feet; THENCE South 63'35'02" West, with said common line, a distance of 10.86 feet to the POINT OF BEGINNING and containing 217 square feet or 0.005 of an acre of land. MICHAEL J. SWAYNE REGISTERED PROFS SIONAL LAND SURVEYOR NO. 7143 400 NORTH OKLAHOMA DRIVE SUITE 105 CELINA, TEXAS 75009 PH. 469-501-2200 michael.swayne@kimley-horn.com MICHAEL J. SWAYNE 7143 PT'e eCRTri -:( ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEAS Q 30 fiU 4 I ry LOT 2, BLOCK 1 NC3RTH NEIGHBORHOOD GRAPHIC SCALE IN FEET MARKET ADDITION CABINET A, SLIDE 8945 I P.R.T.C.T. LOT 1A, BLOCK 1 WAL-MART NEIGHBORHOOD MARKET ADDITION CABINET A, SLIDE 12368 P.R.T.C.T. I VEY u16Q EVAN ?i. BUR!KEQ ti L ABSTRACT t WAL-MART REAL ESTATE BUSINESS TRUST I DOC. NO. D206071835 VARIABLE WIDTH O P R.T C T ACCESS EASEMENT CAB A, SLIDE 9945 LOT BLOCK i PRTC.T 1 NEIGHBORHOOD MARKET ADDITION y CABINET A, SLIDE 9945 P.R.T.C.T. EASEMENT 8 RIGHT-OF-WAY ONCOR ELECTRIC DELIVERY COMPANY LLC D{}G NO. rD225 C T OPRTCT l / i L� 0.005 ACRE 217 SQ. LOT 1B, BLOCK i WAL-MART NEIGHBORHOOD MARKET ADDITION CABINET A, SLIDE 12368 ` P.R.T.C.T. ! NOTES Bearing system based on the Texas Coordinate System, North Central Zone (4202). North American Datum of 1983 (NAD 83). LINE TABLE NO. BEARING LENGTH L1 N04 04'33"W 21.62' L2 N63-35'02"E 10.83' L3 ' SO4"09'00"E 21.61' L4 S63'36'02"VV 10.86' LEGEND P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND PFC = POINT FOR CORNER P.R.T.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS. TARRANT COUNTY, TEXAS ENCROACHMENT EASEMENT EVAN H. BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS sl- ------------------- VN EV CHARGING #*EA WALMART NEIGHBORHOOD WALMART STORE3419 39,690 S.F. 16 U_ Ot JOH<<<AD1W. 0 vs I Dow- w LL U) z zo to A L ui 2 an, x _j oar W 0 8 QW� FT-_ ()o Z Lu o", > LU 0 LU _j LU LL 0 z 0 _j _j F_ U) z LL p I OL VA NZ! low., t K r. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Wal-Mart Real Estate Business Trust Subject of the Agreement: Tier II Easement Encroachment M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *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 processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.