HomeMy WebLinkAboutContract 58159 Date Received: 09/30/2022 Record Number: PN22-00125
Time Received: 8,52 am City Secretary No.: 58159
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 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 Building 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 15100 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 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 accominodate 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 purpose of constructing,
OFFICIAL RECORD
Tier ll Easement EncioachmentAgwen nt CITY SECRETARY
PN22-00125
FT. WORTH, TIC
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 II Easement Encroachment Agreement Page 2 of 13
PN22-00125 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 (40) 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.
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PN22-00125 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.
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PN22-00125 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.
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PN22-00125 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 II Easement Encroachment Agreement Page 6 of 13
PN22-00125 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 fiarred 5ep 2f,2022 10:59CDT}
By: �
D.J.Harrell, Director of the N e:Jake Marks
Development Ser►riv9�l � r I'Ne: Senior Vice President
Date, Sep 27, 2022 Date:
<P IFORr�as�
b Ojop°oao°oo7'4�
ATTEST: ¢�o 0 0. Approved As To Form and Lcgahty
J annette S,Goodall{Sep 29,202Z 14:43 COT}
]annette C�ooda) Thomas Roycc Hansen
City Sccretary Assistant City Attorney
Date: Sep 29, 2022 Date: Sep 26, 2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and adnirmtration
of this contract,including ensuring all performance
and reporting requirements.
McrH'Tl/v on behal-F&F
Matt Tilly nn behalf of(Sep 26,2022 16!21 CDT)
Janie S. Morales
Development Services
Date: Sep 26, 2022 OFFICIAL RECORD
CITY SECRETARY
Tier II Easement Encroachment Agreement FT,WORTH,TX
Pa
PN22-00125 Revised 11/2020
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 .
Wendy L. Digitally signed by Wendy
L.Beardslee
Beardslee Date: 02209.2714:43:13 �aRY pia WENDY L BEARDSLEE
a �, Notary Public
Notary Public in and for the State of Texas STATF OF TEXAS
Notary I.D. 13323719-3
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 S of 13
PN22-00125 Revised 11/2020
STATE OF �, OLS §
('OIINTY OF 06Lkk OS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�ZYA!b , on this day personally appeared lake Marks, Senior vice President jTitle)
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he or she executed the same for the purposes and consideration
therein expressed, as the act and deed of PR IIIJCROW 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 1A day of '*4WY"C�
20 Q_2. .
A UU44—
Notary Public in and for the =GSILCO%
33 fi821
State of S fxplres
3, 2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier E Easement Encroachment Agreement Page9 of 13
PN22-00125 Revised 11/2020
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 'm 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/�f ;:; �, ` -- �^
\ �� � 1h
' LOT 1.BLOCK 2 ,, ,
HART 35 EAGLE LLC
LOT 3R.BLOCK 1" 1
/
�/ APR. N/CROW BULNG E.DM r� L.LP.
r "-'LOT
:LOT L BLOCK 2 /
V.
�.0 / ENCROACHMENT NO.1
1.534 ACRES
PR N/CROB BULONG EXG . L LP.
LOT 3.BLOCK 2'
paR
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0 150 300 450 600
iiia
Q SCALE: 1"=300'
P� LEGEND: El
ENCROACHMENT
EN#1 DESCRIPTION CONTROL POINT orCP1
EN 1 IBERMS AND IRRIGATION CROSSING EXISTING EASEMENTS
MEN F HALFFKEY MAP
mmo
35 EAGLE PHASE Ill
agaa ar� aoo eLvo.sire eaa BUILDING E
Frisco pus 75oa.agau FDATE.08/10/2022::]FAVO: 34575 FORT WORTH,TEXAS
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EXHIBIT B
Depiction of the Public Property
Tier 11 Easement Encroachment Agreement Page 11 of 13
PN22-00125 Revised 11/2020
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EXHIBIT C
Depiction and description of the Encroachment
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PN22-00125 Revised 11/2020
LEGAL DESCRIPTION
ENCROACHMENT AREA NO. 1 LOT 2, BLOCK 2
BEING a tract of land in the James Fads Survey, Abstract No.410, in Denton County, Texas, and being a part of that
53.51 acre tract of land known as Tract 1,-de bad-in•Spea�a4-Warsranty Deed to PR III/Crow Building E, F, G 8t 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 2, 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 southeast corner of said Lot 2, the northeast corner of Lot 3 of said Block 2, and being
on the west right-of-way line of Interstate Highway 35W(variable width right-of-way);
THENCE North 59 degrees 38 minutes 39 seconds West, along the common line between said Lot 2 and said Lot 3,
a distance of 74.95 feet to a point for corner;
THENCE North 30 degrees 22 minutes 10 seconds East, departing said common line, a distance of 145.97 feet to a
point for comer;
THENCE North 32 degrees 23 minutes 12 seconds East, a distance of 162.42 feet to a point for corner;
a
THENCE North 34 degrees 23 minutes 19 seconds East, a distance of 457.46 feet to a point for corner on the
common line between said Lot 2 and Lot 1 of said Block 2;
THENCE South 55 degrees 50 minutes 00 seconds East, along said common line, a distance of 14.61 feet to a point
for corner;
THENCE South 59 degrees 39 minutes 19 seconds East, continuing along said common line, a distance of 57.07
feet to a point for corner;
THENCE South 30 degrees 21 minutes 45 seconds West, departing said common,line and along said west
right-of-way line, a distance of 119A2 feet to a 5/8-inch found iron rod with a pink plastic cap stamped "TXDOT
SURVEY MARKER RIGHTOF WAY MONUMENT" for the point of curvature of a non-tangent circular curve to the
right, having a radius of 6,463.33 feet, whose chord bears South 31 degrees 31 minutes 54 seconds West, a
distance of 267.96 feet;
THENCE Southwesterly, continuing along said west right-of-way line and along said circular curve to the right,
= through a central angle of 02 degrees 22 minutes 32 seconds, an arc length of 267.98 feet to a 112-inch found iron
rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with cap") for the point of reverse curvature
of a circular curve to the left, having a radius of 6,536.67 feet, whose chord bears South 31 degrees 53 minutes 30
- seconds West, a distance of 188.91 feet;
i
S +A
EXHIBIT C - METES & BOUNDS ft �¢•'•
ENCROACHMENT AREA NO.1 """""' "" "•"
DOUGLAS A.CALHOUN r
35 EAGLE PHASE III BUILDING E ""t:•o`""""..... `'_•'
9 5619 _ter
IN THE
4;��8 Sid' n,
JAMES EADS SURVEY lfy�80
ABSTRACT NO. 410
CITY OF FORT WORTH, DENTON COUNTY TEXAS
DOUGLAS A- CALHOUN
c The Basis of Bearing is the Texas Coordinate Systcm of 1983,North Central Zane REGISTERED PROFESSIONAL
a (4202),All distances shown hereon are surface distances.Surtace Adjustment Sra lr
Factor;1.04015M. LAND SURVEYOR NO. 5619
■ ■ DGN: AVO: 34575 4000 FOSSIL CREEK BLVD
:■: FORT WORTH,TEXAS 76137
HALFF
I000 rossit CRCC K BLVD FORT WORTH.TEXAS 76137(817)$47-1422 DATE: SA2022 PAGE NO.: 1 OF 2 dcalhaun@halff.com
Tea'LSFIRM1I NO,7pa WUS —
THENCE Southwesterly, continuing along said west right-of-way line and along said circular curve to the left, through
a central angle of 01 degree 39 minutes 21 seconds, an arc length of 188.92 feet to a found X-cut for corner;
THENCE South 38 degrees 04 minutes 53 seconds West, continuing along said west right-of-way line. a distance of
179.17 feet to a 1/2-inch found iron rod with cap for corner;
THENCE South 30 degrees 19 minutes 42 seconds West, continuing along said west right-of-way line, a distance of
9.94 feet to the POINT OF BEGINNING AND CONTAINING 66,825 square feet or 1.5341 acres of land, 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 hounds of the encroachment tract
a
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EXHIBIT C - METES & BOUNDS
ENCROACHMENT AREA N0.1 5606,LA5 X GAL # .UN
35 EAGLE PHASE III BUILDING E
IN THE �
(e� fTS3�GL:
JAMES EADS SURVEY 8u
l.
ABSTRACT NO.410
= CITY OF FORT WORTH, DENTON COUNTY TEXAS
DOUGLAS A_ CALHOUN
L The Basis of Bearing is the Texas Cnordinate system of 1983, North Central zone REGISTERED PROFESSIONAL
(A202).All di stances shown hereon are surface distances.Surface Adjustment Scale
Factor:1.00015063. LAND SURVEYOR NO. 5619
■ FOR WORTOSSIL CREEK aLVD
MEN Derv: Ago: 34575 FART WORTH,TEXAS 76137
HALFFS^
j..10 1..UL CREEK M-1 FORT WORTR,TEXAS 76137(Wi 047-1422 DATE: 8112nD22 PAGE NO.: 2 OF 2 dcalhoun@1,alff„tom
T9PLE FIRM NO 10029605
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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
Tier 11 Easement Encroachment Agreement Page 13 of 13
PN22-00125 Revised 11/2020