Loading...
HomeMy WebLinkAboutContract 58158 Date Received: 09/30/2022 RecorciNumber: PN22-00124 Time Received: 8,51 am City Secretary No.: 58158 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT rrR It 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'5, acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and PR III/Crow Budding E, F, G & L, LP, a(n) a Delaware limited partnership ("Licensee"), acting by and through its duly authorized Senior Vice President. RECITALS WHEREAS, Licensee is the owner of the real property located at 15000 Heritage Parkway, Fort Worth, Texas 76177 ("Property"), being more particularly described in the attached Exhibit"A"which is incorporated herein for all purposes; and WHEREAS, the City owns or has an interest in a public utility easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in or in the plat records of Denton County as plat number FP-22-003; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; 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 "C," but only to the extent shown thereon, for the PurPse of construe Tier H Easement EncroachmentAgieemant OFFICIAL RECORD PN22-00124 CITY SECRETARY FT. WORTH, TX installing, and maintaining landscaping, berms and irrigation (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 "C." 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. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "D.- Licensee agrees that it shall secure the approval and consent of all other 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. 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 11 Easement Encmachment Agreement Page 2 of 13 PN22-00124 Revised 11/2020 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 alien 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 Seven Hundred Dollars($700.00). 7. The term of this Agreement shall be for forty (4 0) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. S. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the pasties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier U Easement Encroachment Agreement Page 3 of 13 PN22-00124 Revised 11/2020 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "E" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Tier 11 Easement Encroachment Agreement Page 4 of 13 PN22-00124 Revised 11/2020 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. Tier 11 Easement Encroachment Agreement Page 5 of 13 PN22-00124 Revised 11/2020 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. 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 11 Easement Encroachment Agreement Page 6 of 13 PN22-00124 Revised 11/2020 City: Licensee: CITY OF FORT WORTH PR III/CROW BUILDING E,F, G &L, LP Delaware limited partnership by:PR III/Crow Building E,F, G & L GP, LLC, a Delaware limited liability company, its general partner by:PR III/Crow Building C, E, F, G & L Holdings, LLC,a Delaware limited liability company,its sole member and manager by:TC Eagle CEFGL Development, LLC, a Delaware limited liability company, its a ut h o r ized s ig n atory By:TCDFW Industrial Development,Inc., Delaware corporation, its managing member By, DJ Harrell[Sep 27,2022 11!00 COT] By: D.J.Harrell, Director of the N e:lake Marks Development Servicgal R q` cqt, -1'1tle: Senior Vice President Date: Sep 27, 2022 Date: g I l*1 Z ATTEST: Approved As To Form and Legality eiu S.Goodall{S*p 29,20Z2 14ArCD r 110 (� Jannette Gonda)), Thomas Royce Hansen City Secretary Assistant City Attorney Date: Sep 29, 2022 Date: Sep 26, 2022 p 00000p �OR I. Contract Compliance Manager: .a. a o v o0��9�0 By signing I acknowledge that I am the person responsible for the monitoring and administration *oo a o=p of this contract,inch>fing enuring all perFortnance o ¢¢a�n�rExA`roA"'� and reporting m aernent nnn��44 rFtaft rim on,de> o-� Matt Tilly on 6eha of{Sep 26,202216. 2 COT) Janie S. Morales Development Services Date:! Sep 26, 2022 OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Agreement PN22-00124 FT.WORTH,TX evtse 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 27th day of September 2022 WendL. Digita I ly signed by Y Wendy L.Beardslee �ate:2022.09.27 Beardslee 15:07:23-05'00' o�PRYA��_ WENDY L BEARDSLEE Notary Public in and for the State of Texas z n Notary Public * * STATE OF TEXAS Notary I.D. 13323719.3 9 OF My Comm. Exp. July 28, 2025 After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier ll Easement Encroachment Agreement Page 8 of 13 PN22-00124 Revised 11/2020 STATE OF #i5 § COUNTY OF OXUPLS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of AS , on this day personalty appeared Jake Marla, Senior vice President (Title) known to me to be the person whose name is subscribed to the forcgoing inshument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of PR IIIICROW BUILDING E, F, G & L,LP, a Delaware limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A day of Sglre 1 je/ 20 2 Z- . Notary Puhlitic Vinq and for the =�*r y e SAMANTRA WILCOX Hot o 1 33 a82] State of Tfws Fs't�-' 'r �Se em;�zAon Expires F a �,aa�s OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 'Pier 11 1_asament Encroachment Agsernent Page9 of 13 PN22-00124 Revised 1112020 EXHIBIT A Legal Description of the Licensee's Prope rty TRACT 1: BEING a tract of land in the Thomas S.Reyburn Survey,Abstract No. 1130 and James Eads Survey,Abstract No. 410,in Denton County, Texas, and being a part of that 181.2 acre tract of land known as Tract I-Parcel B,described in Special Warranty Deed PR III/Crow 35 Eagle,LP, as recorded in County Clerk's Document No. 2013-145803 Official Records of Denton County Texas(O.R.D.C.T.),being all of that called 2.662 acre tract of land described as Tract I in Special Warranty Deed to 2801 Eagle Parkway Land,LLC as recorded in document No.2015-73241 O.R.D.C.T. TRACT 2: Lot 5R2,Block 1, of Lots 5RI, 5R2, 5R3 and 5R4,Block I Trammell Crow 35 Eagle Addition, an addition to the City of Fort Worth,Denton County,Texas according to the plat thereof recorded under Clerk's File No. 2020-394 Plat Records,Denton County, Texas. TRACT 3: (Easement Estate) Easement appurtenant to and for the benefit of Tracts I and 2,over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE,as created in that certain Storm Water Drainage Easement Agreement executed by Hillwood/13 58,Ltd., a Texas limited liability partnership to Intel Corporation, a Delaware corporation dated June 10, 1997, filed June 11, 1997,recorded in Clerk's File No. 97-RO038796 Deed Records Denton County Texas. TRACT 4: (Easement Estate) Easement appurtenant to and for the benefit of Tracts I and 2,over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE,as created in that certain Special Warranty Deed and Mineral Deed executed by Intel Corporation to Quicksilver Resources Inc.,dated October 20,2011, filed October 28,2011, recorded in County Clerk's File No.2011-103169, Official Records Denton County, Texas. TRACT 5: (Easement Estate) Easement appurtenant to and for the benefit of Tract 1, over and across the land therein described in NON- EXCLUSIVE EASEMENT ESTATE,as created in that certain Access and Drainage Easement Agreement executed by PR III/Crow Buildings A,H&J,LP,a Delaware limited partnership and PR III/Crow 35 Eagle,LP,a Delaware limited partnership dated November 20,2020,filed November 23,2020,recorded in Clerk's File No. (2020) 190959 Official Records Denton County Texas. TRACT 1: BEING a tract of land in the James Eads Survey,Abstract No. 410,in Denton County, Texas, and being all of that called 2.662 acre tract ofland described as Tract I in Special Warranty Deed to 2801 Eagle Parkway Land,LLC as recorded in document No. 2015-73241 O.R.D.C.T Tier 11 Easement Encroachment Agreement Page 10 of 13 PN22-00124 Revised 11/2020 _ � I HART 35 EAGLE LLC LOT 4P.BLoac 1 .�t� /-� •�: . nunieiniuiQuinufli►�aeiiiiueiwiiio :' '� I/�/ ;:; �, ` -- �^ \ �� � 1h PR'iVCkM BUL.DNC'WX s L.I.P. ' LOT 1.BLOCK 2 '- , HART 35 EAGLE LLC LOT 3R.BLOCK 1" 1 / PR'i/CROM' BULNG E DM K L.I.P. ' :LOT 2.BLOCK 2 % PR III/CROW BULONG G . L LP. ", LOT 3.BLOCK 2,- ENCROACHMENT NO.1 0.533 ACRES GLE PA*�VAY � o 0 150 300 450 600 Q SCALE: 1"=300' P LEGEND: El ENCROACHMENT EN# DESCRIPTION CONTROL POINT orCP1 EN 1 IBERMS AND IRRIGATION CROSSING EXISTING EASEMENTS MEN F HALFFEXHIBIT A-VICINITY MAP mmo 35 EAGLE PHASE Ill 3W PARl(WOOOUVD.SLATE&$0 BUILDING F Frisco TEXAS 7503""' DATE:08/10/2022 =AVO. 34575 FORT WORTH,TEXAS 1tL 21�g1WgG TOP 2"4 B1B-957 F 1 EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 11 of 13 PN22-00124 Revised 11/2020 715 9 p l -- jli1 •7ClII59-nx � aa� + 9� I i 11UR G�IE I s� I x3 3 C 3 9 N tr togi� n �x F s � w� w u 31 a F OR & R- ♦p g 0 0 o a _c .0 o o n n n =1 n ! � as id vjj — — -- — — •—•—•—.——— y d � � � ,ya'ppY i L log ke jig ' +SE � 1! I i� r S�: p� gr ��gi .•� t J ` !a• EXHIBIT C Depiction and description of the Encroachment Tier 11 Easement Encroachment Agreement Page 12 of 13 PN22-00124 Revised 11/2020 LEGAL DESCRIPTION ENCROACHMENT AREA NO. 1 LOT 3, BLOCV,2 BEING a tract of taindin tf7ee James EcTds Survey, Abstract No. 410, in Denton County, Texas, and being a park of that 53.51 acre tract of land known as Tract 1, described in Special Warranty Deed to PR III/Crow Building E, F, G & L, LP, as recorded in County Clerk's Document No. (2022) 55513 in the Official Records of Denton County Texas (O.R.D.C.T.), being a part of Lot 3, Block 2 of the plat of Trammell Crow 35 Eagle, Lot 5R2-1, Block 1 and Lots 1-3, Block 2, an addition to the City of Fort Worth, Denton County, Texas, as recorded in Document No. 2022-252 in the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the common northeast corner of said Lot 3, the southeast corner of Lot 2 of said Block 2, and being on the west right-of-way line of Interstate Highway 35W(variable width right-of-way); THENCE South 30 degrees 19 minutes 42 seconds West, along said west right-of-way line, a distance of 99.21 feet to a 5/8-inch found iron rod with cap stamped "CARTER& BURGESS"for corner; THENCE South 29 degrees 49 minutes 52 seconds West, continuing along said west right-nf-way line, a distance of 184.14 feet to a 5/8-inch found iron rod for the common southeast corner of said Lot 3 and the northeast corner of that called 0.736 acre track of land described in Correction Deed Without Warranty to Alliance Center-East Association as recorded in Document No. 00-R0044103 in the Deed Records of Denton County, Texas; THENCE South 71 degrees 57 minutes 43 seconds West, departing said west right-of-way line and along the common line between said Lot 3 and said called 0.736 acre tract, a distance of 61.50 feet to a point for corner; THENCE North 18 degrees 02 minutes 17 seconds West, departing said common line, a distance of 45-01 feet to a point for corner; THENCE North 29 degrees 43 minutes 18 seconds East, a distance of 199.77 feet to a point for corner; THENCE North 30 degrees 22 minutes 10 seconds East, a distance of 99.68 feet to a point for comer on the common line between said Lot 3 and said Lot 2; THENCE South 59 degrees 38 minutes 39 seconds East, along said common line, a distance of 74.95 feet to the POINT OF BEGINNING AND CONTAINING 23,205 square feet or 0.5327 acres, more or less. NOTES A plat accompanies this legal description. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202). All distances shown hereon are surface distances. Surface Adjustment Scale Factor. 1.00015063_ The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the encroachment tract. Q �E OF Tyr EXHIBIT C - METES & BOUNDS ° ENCROACHMENT AREA NO.1 �D�f lASA�CAl. 4ltV ..., q 561g....Pf,... 35 EAGLE PHASE III BUILDING F IN THE O fi O ' EFS 5%,,••'Q, JAMES EADS SURVEY LL ABSTRACT NO.410 CITY OF FORT WORTH, DENTON COUNTY TEXAS DOUGLAS A. CALHOUN c The Basis of Bearing is the Texas Coordinate System of 1983, North antral Zone REGISTERED PROFESSIONAL (4202).All distances shown herean are surface distances.Surface Adjustment 5cale Factor:l.0on15M. LAND SURVEYOR NO. 5619 HALFFsm 4000 FOSSIL CREEK BLVD omm DON: AVO: 34575 FORT WORTH,TEXAS 76137 4CM FOSSIL cREEx 9LVQ FORT;0ORTH,TUAS 7s137(817)847-1422 DATE: V512022 PAGE NO.: 1 OF 1 dcalhoun a@halff.com TSPLS FIEW NO,100ZV(iS •�� EEIE 1 R� h •A r'f 1 0 oECe NMI �Ee�aoO HERE,._. oe 101e1e REoee - ■r r C®DABD �6JjE r n .. Ce 0 I� `ti1'n C@IeEd M Dave i e1e1 Ao r� IA©e Ef; all gy p i 1 Io10,1 4 pce ■ 6L9A90- �•i 33 •r° � Gq�¢�� GLGGCE CBCOCe IG E®00vr!-I'�is_"��� h !r EE � IH VNE cc 41 Mr ��'�; 00 a9 Ea CE IG CI ■l�rl. SVkC 11'HiaoMiao3 AVAAMW 31!DV3 J JNiaimS 31OV3 SIC � E Y E a $ sg 4 n n jib 02 r F r O s a l 11 i e b i u�r e e yes U 7�R § :mc 09 p: all FF ,g yy i� S � Y17 r �x a d 6 ki 8 J S e G So i ! k td a 8 ' S8 J ibbom � � ! 16000 =1 JNia-mn8 a-l9vB S£ IN- C11 JW 5 - aLIM 1.1 1 1 1rc � a Ca�gg�i Jr pli � Mlp LL ` � r r � ,•. t. AL Ir + r ;r + I, r o + ® + ;I r + Pill, + '� ®EM ® + : SVX31'HiLJOM iUOd ' kvmNdVd=V3 =1 ONiaiinS 31OV3 5£ a w M s w5 uj3 Lu5 $3' w ip rx� w N a ��" �' m1!! � ire �� �TM �;-' ❑� w in r � � � p w r2' ¢' U❑ �❑ N [7 N N � 2 � K� �� � 4 � � Q m 9 p a9 aO a .1 41Y c] w k6 a a x a Ir w LL ❑ a a a o o a g ❑ o 0 x 4 ❑ ir- fl w 4 a z m ?1 1 ul W x a^ �jwl �LLIaa2ppapa1 rT a� ❑ aJN ¢ ¢ ¢ V Sa O� If fL 411 L9 7 47 Z W U W J r ml J IIII a Om � h I IIII LLU Swal'H-woo Lind 'A'dN1 VVd 31OV9 =1 ONicnins 31Od3 5E a O 0 0 rn cO LO � ca Ln ca co OD o III IIIIII n Y I I I I I I 1 1 1 I I I I I I I 1 f 1 1 1 f I I I I I I I I I I LLyy�' I IJy Q I I I I I I I I I I 1 1 1 1 I I I I I I I I I a0 In I i O cWjw I ��'•� i i i i i i I i ; I�I I ; ; i i i i i i i i i I_ - a 1 1 Ig i i l 1 1 1 oaLil 11 i a_ I a ins i as n r iv a tp1U ILL a u�J w 1 �� U.W IN L w 2 0 i i ❑ ❑� Icy N� •_`� i i N� W� �An I I I I I I IQ� Q11 dQF7Ow 1 1 W� 1 I 1 la T m 1 1 1 1 l l N o it I 11 W� I ! 11 ! ! 11 oW N ' I I i I ix m m W Ir a i I I i i I 11 ; 1 1 1 I I I 11 1 1 I I I W= ' i i I w 00 I7-n 1 ��j 1 1 1 1 + oIn f 3 no Nlr i Nwl I I 1 jLL MQLI 1vGx --wmN�J - - - wv_ az '�� i i i i 00 1 1 1 1 I�QLLJQ— �QI WW IQW� IOJ 11 1 �LL 1 1 1 4 1 I I I I aTQ i iaF I i i i i i i i C rCWx �r O a� p O a Wm I� w o CD u7 =a w cD cO c0 [O z a =wa W ate, V W, 2ze W O ova EXHIBIT D Franchise Utility Letters of Consent AT&T AT&T Right-of-Way 13645 FAA Blvd. Fort Worth,TX 76155 August 24,2022 Chase Alexander Trammell Crow Company 2100 McKinney Avenue,Suite 800 Dallas,TX 75201 RE: AT&T Letter of No Objection—Utility Easement Encroachments 35 Eagle Development—Tract 1,Parcels A &B--2013-145803 Fort Worth,Denton County,Texas Mr.Alexander, Southwestern Bell Telephone Company,dlbla AT&T Texas,has no objections to the multiple encroachments for the property referenced above near I.35W and Eagle Parkway. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to,on and across the easementlright-of-way for installation,repairs, replacement,or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, q7 E7, gwt"� Ray A. Garcia AT&T-Manager OSP Planning&Engineering Design l Right-of--Way 817-550-7576 raV.Mda(�att.com a AXI'MOS energy August 23,2022 Trammell Crow Company NW Corner of Eagle Parkway and I35 Re: Encroachment into utility easement Trammell Crow Company Upon your request I have reviewed the location of gas facilities near your site. Atmos does not object to the encroachment at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages due to the encroachment will be billed to the parties causing the damage. If you have any questions please call me at 214-549-7144. Sincerely, Bobby Oncy Project Manager Atmos Energy Corporation 100 West Monungside Fort Worth,Texas 76110 t6O C R Date: August 22, 2022 TRAMMEL CROW Company, Chase Alexander 2100 McKinney Avenue, Suite 800 J Dallas, TX 75201 Areas of encroachment: : 135W, North Freeway and Eagle Parkway, Fort Worth, Denton County, Texas Re: X: Buildings C, E, F, G & L ENCROACHMENTS into Public Utility easement Dear Mr. Alexander have received your request to consent to encroachments of landscaping and grading additions in the above referenced locations in which a portions of the designated Platted Utility Easement has been inspected. Oncor does have facilities located within the above mentioned easement, and based on our inspection of the location of the proposed facility, we see no negative impact upon our ability to maintain our facilities. It is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out hereinabove. It is also understood that any damage to underground electrical lines from tree roots will be reimbursed to Oncor electric from the property owner of trees planted in the utility easement referenced above. Oncor shall continue to have unrestricted access to, on and across the easement_ Oncor maintains the right to utilize the entire easement for its needs if ever needed and will not be responsible for any damages incurred during the process. If you have a uestions or ne additional information, please contact the Oncor office at (8'17) 443- 43 ... Sin~ �... Budd G. Rodgers, SRNVA 7860 Winbrook Dr Benbrook, TX 76126 432-234-9052 Spectrum ,,, August 20, 2022 Chase Alexander Trammell Crow Company 2100 McKinney Ave, Suite 800 Dallas,TX 7S201 SUBJECT: Utility Coordination of 3S Eagle Pkwy, Fort Worth,TX 76177 We have reviewed your request for the above referenced property, and Spectrum Communications hereby states there are no objections with the proposed construction within the limits of 35 Eagle Pkwy, Fort Worth,TX 76177. Spectrum Communications retains the right of access to any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked & located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to west-engineering-relo@Spectrum.com. Please share this information with whoever needs these services. Sincerely, Tobo Hfimm Construction Coordinator III Toby.hamm@charter.com 682-304-7786 EXHIBIT E Certificate of Insurance Tier11 Easement Encroachment Agreement Page 13 of 13 PN22-00124 Revised 11/2020