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HomeMy WebLinkAboutContract 59031Date Received: Mar 14, 2023 Time Received: 1:05 p.m. Record Number: PN23-00007 City Secretary No.: 59031 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER II THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and DCTN3 596 Fort Worth TX, LLC, a(n) Delaware limited liability company ("Licensee"), acting by and through its duly authorized President. RECITALS WHEREAS, Licensee is the owner of the real property located at 3052 Basswood Boulevard, Fort Worth, Texas 76137 ("Property"), recorded in Deed Records, by Instrument Number D222263938, in Tarrant County, Texas being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a water and sanitary sewer easement and 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 deed records of Tarrant County by instrument number D222269292; 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 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page I of 14 FT. WORTH, TX Revised 12/2022 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, installing, and maintaining a 1" water line and a 4" sanitary sewer line (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the 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 "W" 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. Tier II Easement Encroachment Agreement Page 2 of 14 Revised 12/2022 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. 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 Nine Hundred Dollars ($900.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether Tier II Easement Encroachment Agreement Page 3 of 14 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 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 "D" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of Tier II Easement Encroachment Agreement Page 4 of 14 Revised 12/2022 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier II Easement Encroachment Agreement Page 5 of 14 Revised 12/2022 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in 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 14 Revised 12/2022 City: CITY OF FORT WORTH -60�— By: DJ Harrell (Mar 10, 202316:00 CST) D.J. Harrell, Director of the Development Services Department Date: Mar 10, 2023 .o4vopp o o 4 11� ppF F°°Rt a° o0p0 a �o9.1 d ATTEST: ago ° �_, a�Q* o0 00*� Y4 p 4 �EXA5o4p 4�nnaaa'o' Jannette Goodall, City Secretary Date: Mar 14, 2023 Licensee: DCTN3 596 FORT WORTH TX, LLC a Delaware limited liability company By: DCT/N3, LLC a Delaware limited liability company its governing person By: 641-- Name:(Br na Wadleigh Title: President Date: March 9, 2023 Approved As To Form and Legality Thomas Royce Hansen Assistant City Attorney Date: Mar 10, 2023 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. Rebecca Diane Owen (Mar 10, 2023 15:31 CST) Date: Mar 10, 2023 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 14 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 loth day of March , 2023 Digitally signed by Dwayne Dwayne Hollars H o l l a rs Date: 2023.03.1016:52:46 06,00, Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Tier II Easement Encroachment Agreement 14D DWAYNE HOLLARS Notary Public STATE OF TEXAS Notary I.D. 133917332 My Comm. Exp. Aug. 19, 2026 Page 8 of 14 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 Brenna Wadleigh, President (Title) 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 DCTN3 596 FORT WORTH TX, LLC, a Delaware limited liability company (entity type), and in the capacity therein stated. 2023 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of March d I i Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement r =o.'O _ Teresa M Kowalski a My Comm=*n Expres b 08/2512024 � �+� ID No 717849s Page 9 of 14 Revised 12/2022 EXHIBIT A Legal Description of the Licensee's Property BEING a 1.582 acre tract of land located in the Milly Gilbert Survey, Abstract No. 565, in the City of Fort Worth, Tarrant County, Texas, being all of Lot 7, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's Instrument No. D210191077, Official Public Records, Tarrant County, Texas, and being a portion of a called 67 .803 acre tract of land as described in the Warranty Deed with Vendor's Lien to Basswood/35 Partners, L.P., filed for record in Volume 12639, Page 1099, Deed Records, Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 10 of 14 Revised 12/2022 S.H. 1 14 Z � ELIZABETH � o � CREEK DR. � o s NORTHWIC RD. SITE � N W � Li � z m . J UNFIE� Li DR. z � TREAMEIE� CD Li VICINITY MAP N.T.S. MAPSCO NO. 35U STRICKLAND BROTHERS OIL CHANGE 3052 BASSWOOD BLVD. FORT WORTH TEXAS TRIANGLE ENGINEERING LLC Planning Civil Engineering Condodion Management DESIGN DRAWN DATE SCALE PROJECT N0. SHEET N0. KP KR 01/13/23 VICINITY TX PE FIRM *11525 MAP EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page I I of 14 Revised 12/2022 mo N o ..N 0m y 00 rn KO Om yy OOm O mb� 01 d�nfOi HC) N D O { W W O C C Zm x W Z r XZ HCOO m CO -HEM .... (o nw �� w (D n CD '6 N M r C O O Z N N N N N N{ O O O O O O m D Z X DN -i N D� G X< n i nW TAR i nc ,C o m -1 N N N N N N N N N N N N W ? 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SI3'3� �gR� mi � Ell m a s as s. �g 3 po`a a seg g m g a F lishe s € s D sY UN 84i %ID 3a cgs gT a! $� o N g g 71 uasc i F c°q"°5'Ea i DZ g 1 m 98a gas 8o AM m �.s �xn K �g g� UT 4 I\a I \I I s \ \ Pm 88 ip i y�Fl ��I I yOn I I ® o 7 i W P W m m S'9$6PC RIB C s8�8 m Wi r w� ' I I sm� wi S 00'50'14' E — 235.22'_� — gg 'xes_9 a II II I I I II Ili I I w 0 W I\a I \I I s \ \ Pm 88 ip i y�Fl ��I I yOn I I ® o 7 i W P W m m S'9$6PC RIB C s8�8 m Wi r w� ' I I sm� wi S 00'50'14' E — 235.22'_� — gg 'xes_9 a II II I I I II Ili I I w 0 W i y�Fl ��I I yOn I I ® o 7 i W P W m m S'9$6PC RIB C s8�8 m Wi r w� ' I I sm� wi S 00'50'14' E — 235.22'_� — gg 'xes_9 a II II I I I II Ili I I w 0 W w 0 W EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 14 Revised 12/2022 j I! I I I I 1 l I I I I 1 I I 1 PROPOSED 24' PRIVATE ROSS ACCESS EASEMENT $I [nil DOC. NO. D222269292 I I 1 ENCROACHMENT 3 PROPOSED 10' DRAINAGE EASEMENT DOC. NO. D222269292 i $i i I l I PROPOSED 2.5' WATER EASEMENT I DOC. NO. D222269292 $ - i-------- ---- ----I 1 --------------------------- 121 .5' UTILITY EASEMENT i `. O CC#D204027640 - -------------------------------------------- -- O.P.R.T.C.T. SANITARY SEWER EASEMENT CC#D204161642 O.P.R.T.C.T. / ENCROACHMENT ►v ENCROACHMENT 2 VARIABLE WIDTH DRAINAGE EASEMENT SANITARY SEWER EASEMENT CC#D204280964 CC#D204161642 O.P.R.T.C.T. 0.P.R.T.C.T. LOT 5R3 BLOCK 1 SANDSHELL COMMERCIAL ADDITION STRICKLAND BROTHERS OIL CHANGE 3052 BASSWOOD BLVD. FORT WORTH TEXAS NORTH TRIANGLE ENGINEERNG LLC0 30 60 T 9331.851 F 6.23I E kpa, 3EXHIwtri-gi cm O1782McDmttDri,,All,,,TX 7Wl BIT A Panning I CivilEngineering 11 Construction Management OE DR SCALE PROJECT NO. SHEET NO. 9GN RWN 01D 3-22 OVERALL EXHIBIT SCALE: V=30' OVE EXHBITL TX PE FIRM #11525 EXHIBIT "A" LEGAL DESCRIPTION - TRACT 1 Being a 0.0003 acre tract of land situated in the Milly Gilbert Survey, Abstract No. 565, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 7R-2, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D222269292 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as conveyed to DCTN3 596 Fort Worth TX, LLC by Special Warranty Deed, recorded in Document Number D222263938, (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at an "X" cut in concrete (Controlling Monument (CM)) found on a southeasterly corner of said Lot 7R-2, Block 1, and on the northerly line of Lot 5R3, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D211144554, (O.P.R.T.C.T.); THENCE North 89 degrees 11 minutes 05 seconds East, along the common southerly line of said Lot 7R-2, Block 1 and the northerly line of said Lot 5R3, Block 1, a distance of 34.86 feet to an "X" cut in concrete found on the southeasterly corner of said Lot 7R-2; THENCE North 00 degrees 50 minutes 14 seconds West, along the common easterly line of said Lot 7R-2, Block 1, and a northerly line of said Lot 5R3, Block 1, a distance of 22.14 feet to a point for corner on the common easterly line of said Lot 7R-2, Block 1, and the westerly line of 8R, Block 1, of said Sandshell Addition; THENCE departing the common easterly line of said Lot 7R-2, Block 1, and the westerly line of said Lot 8R, Block 1, and being over, under and across said Lot 7R-2, Block 1 the following five (5) calls; 1) South 89 degrees 09 minutes 46 seconds West, a distance of 78.55 feet to the POINT OF BEGINNING, being inside an existing 12.5 foot Utility Easement, as recorded in Document Number D204027640 (O.P.R.T.C.T.); 2) South 00 degrees 55 minutes 08 seconds East, continuing across said Utility Easement, a distance of 6.53 feet to a point for corner inside an existing Sanitary Sewer Easement, as recorded in Document Number D204161642 (O.P.R.T.C.T.); 3) South 89 degrees 04 minutes 52 seconds West, continuing across said Sanitary Sewer Easement, a distance of 2.00 feet to a point for corner; 4) North 00 degrees 55 minutes 08 seconds West, continuing across said Sanitary Sewer Easement, a distance of 6.53 feet to a point for corner inside said Utility Easement; 5) North 89 degrees 04 minutes 52 seconds East, continuing across said Utility Easement, a distance of 2.00 feet to the POINT OF BEGINNING and containing 0.0003 acres of land (13 sq. ft.); ENCROACHMENT 8�23 PEE OF AGREEMENT -TRACT 1 � sT R ........................... A PORTION OF LOT 7R-2, BLOCK 1CHASE CRAWFORD SANDSHELL COMMERCIAL ADDITION691 '• q 6913 MILLY GILBERT SURVEY, ABSTRACT NO. TjEXAS �yNo Esslo -'0 dp[ pp CITY OF FORT WORTH, TARRANT COUNTY, suR� Surveying ( Constuc tim Staking l Platting JOB No. TR-26.2-22 DRAWN BY: CR14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 DATE: JANUARY 24, 2023 CHECKED BY: HASE CRAW RD W: TraverseLandSurveying.com SCALE: 1"=20' SHEET 1 OF 6EXAS RPLS NO. 6913 Texas Firm No. 10194631 EXHIBIT "Alf 24' CROSS ACCESS ESMT. i I DOC. NO. D222269292 I I I I O.P.R.T.C.T. Ir-�--10' DRAINAGE ESMT. i I I DOC. O.P.R.T.C.T.D2269292 I I I I I LINE TABLE No. Bearing Distance. L1 S 00'55'08"E 6.53' L2 S 89'04'52"W 2.00' L3 N 00'55'08"W 6.53' L4 N 89'04'52"E 2.00' LOT 7R-2, BLOCK 1 SANDSHELL COMMERCIAL ADDITION i ( DOC. No. D222269292 i ( I 0.P.R.T.C.T. ( I DCTN3 596 FORT WORTH TX LLC I I I DOC. NO. D222263938 0.P.R.T.C.T. 30' PUBLIC ACCESS I EASEMENT I I I 0.6043 ACRES CC#D211144554 I LOT 813 26,323 SQ. FT. O.P.R.T.C.T. I BLOCK 1 I SANDSHELL COMMERCIAL I I I TRACT 1 I I ADDITION PROPOSED 4" SANITARY SEWER LINE ENCROACHING I DOC. No. D211144554 .T.C.T.P.R 12.5' UTILITY ESMT. & 15' SANITARY SEWER ESMT. I I O.I I I I 0.0003 ACRES I I I I 113 SQ. .) 2.5' WATER EASEMENT I I L — J DOC. NO. D222269292 12.5' UTILITY EASEMENT ------------------� O.P.R.T.C.T.CC#D204027640 I I I 0.7.R.T.C.T. _ I —--------- �— -- I�--�------ SIC----�--��---�------ II��'' SANITARY SEWER BASEMENT VII CC#D204161642 L4 S 89'09'46" W — 78 55' O.P.R.T.C.T.\ _... 1 _ POINT OF 7— --- --�-- L3 L1 BEGINNING ----�— L2_ WMMEA OINT OF I i� N I CING I g `" -----X" CUT FOUND (CM�---------Z--— I -- — —- — __ ---- N89-11'S"E — — — I 34 8 (CM CUT FOUND — VARIABLE WIDTH DRAINAGE EASEMENT CC#D204280964 O.P.R.T.C.T. LOT 5R3 VARIABLE WIDTH ACCESS & UTILITY I BLOCK 1 EASEMENT SANDSHELL COMMERCIAL DOC. NO. D205055336 I ADDITION DOC. NO. D205280738 I DOC. No. D211144554 i AS SHOWN ON — I O.P.RIT.C.T. 20 10 0 DOC. NO. D211144554 J O.P.R.T.C.T. The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, SCALE IN FEET North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. ENCROACHMENT 2/8/23 OF TF AGREEMENT -TRACT 1 ............................... A PORTION OF LOT 7R-2, BLOCK 1 CHASE CRAWFORo. .,y SANDSHELL COMMERCIAL ADDITION 691 6913 ' : 0 MILLY GILBERT SURVEY, ABSTRACT NO. 565 < ,;o Ess�Q o� dG° DENUM MUM 1TY OF FORT WORTH, TARRANT COUNTY, TEXAS SWIM Sunieying I ConshKfmStaldngl Pabrig JOB No. TR-26.2-22 DRAWN BY: CRC 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 N DATE: JANUARY 24, 2023 CHECKED BY: MAN CHASE CRAWF D W. TraverseLandSurveying.com SCALE: 1 "=20' SHEET 4 OF 6 TEXAS RPLS 6913 Texas Firm No. 10194631 EXHIBIT "C-2" LEGAL DESCRIPTION — TRACT 2 Being a 0.0016 acre tract of land situated in the Milly Gilbert Survey, Abstract No. 565, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 7R-2, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D222269292 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as conveyed to DCTN3 596 Fort Worth TX, LLC by Special Warranty Deed, recorded in Document Number D222263938, (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at an "X" cut in concrete (Controlling Monument (CM)) found on a southeasterly corner of said Lot 7R-2, Block 1, and on the northerly line of Lot 5R3, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D211144554, (O. P. R.T.C.T.); THENCE North 89 degrees 11 minutes 05 seconds East, along the common southerly line of said Lot 7R-2, Block 1 and the northerly line of said Lot 5R3, Block 1, a distance of 34.86 feet to an "X" cut in concrete found on the southeasterly corner of said Lot 7R-2; THENCE North 00 degrees 50 minutes 14 seconds West, along the common easterly line of said Lot 7R-2, Block 1, and a northerly line of said Lot 5R3, Block 1, a distance of 33.59 feet to a point for corner on the common easterly line of said Lot 7R-2, Block 1, and the westerly line of 8R, Block 1, of said Sandshell Addition; THENCE departing the common easterly line of said Lot 7R-2, Block 1, and the westerly line of said Lot 8R, Block 1, and being over, under and across said Lot 7R-2, Block 1 the following nine (9) calls; 1) South 89 degrees 09 minutes 46 seconds West, a distance of 103.03 feet to the POINT OF BEGINNING, being inside an existing 2.5 foot Water Easement, as recorded in Document Number D222269292 (O.P.R.T.C.T.); 2) South 00 degrees 14 minutes 21 seconds West, continuing across said Water Easement, a distance of 10.19 feet to a point for corner inside an existing Utility Easement, as recorded in Document Number D204027640 (O.P.R.T.C.T.); 3) South 89 degrees 47 minutes 15 seconds East, continuing across said Utility Easement, a distance of 17.96 feet to a point for corner; 4) South 00 degrees 55 minutes 07 seconds East, continuing across said Utility Easement, a distance of 7.49 feet to a point for corner inside an existing Sanitary Sewer Easement, as recorded in Document Number D204161642 (O.P.R.T.C.T.); ENCROACHMENT 1/24/23 AGREEMENT -TRACT 2 c�°F.r A PORTION OF LOT 7R-2, BLOCK 1 CHASE CRAWF0RD SANDSHELL COMMERCIAL ADDITION 6913 �� MILLY GILBERT SURVEY, ABSTRACT NO. 565 9,1;•Fess�°•y0 dGQ�]�Mp[n CITY OF FORT WORTH, TARRANT COUNTY, TEXAS suite Surveying Construction Staking Platting JOB No. TR-26.2-22 DRAWN BY: CRC 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 DATE: JANUARY 24, 2023 CHECKED BY: MAN CHASE CRAWFOR W: TraverseLandSurveying.com SCALE: 1 "=20' SHEET 1 OF 3 TEXAS RPLS NO. 6913 Texas Firm No. 10194631 EXH I BIT "C-2" LEGAL DESCRIPTION - TRACT 2 5) South 89 degrees 04 minutes 53 seconds West, continuing across said Sanitary Sewer Easement, a distance of 2.00 feet to a point for corner; 6) North 00 degrees 05 minutes 07 seconds West, continuing across said Sanitary Sewer Easement, a distance of 5.53 feet to a point for corner inside said Utility Easement; 7) North 89 degrees 47 minutes 15 seconds West, continuing across said Utility Easement, a distance of 18.00 feet to a point for corner; 8) North 00 degrees 14 minutes 21 seconds East, continuing across said Utility Easement, a distance of 12.19 feet to a point for corner inside said Water Easement; 9) South 89 degrees 45 minutes 39 seconds East, continuing across said Water Easement, a distance of 2.00 feet to the POINT OF BEGINNING and containing 0.0016 acres of land (71 sq. ft.); ENCROACHMENT 1/24/23 OF AGREEMENT -TRACT 2 TeRs. y�5 �, ........................ A PORTION OF LOT 7R-2, BLOCK 1 CHASE CRAWFORD o 0 SANDSHELL COMMERCIAL ADDITION A 6913 .,: �LF\��� MILLY GILBERT SURVEY, ABSTRACT NO. 565 �9°Fess%OoQ D CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Surveyingg I Construction Slaking Platting 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W. TraverseLandSurveying.com Texas Firm No. 10194631 JOB No. TR-26.2-22 DRAWN BY: CRC DATE: JANUARY 24, 2023 CHECKED BY. MAN CHASE CRAWFO TEXAS RPLS NO. 6913 SCALE: 1 "=20' SHEET 2 OF 3 EXHIBIT "All 24' CROSS ACCESS ESMT. DOC. NO. D222269292 I I O.P.R.T.C.T. 10' DRAINAGE ESMT. DOC. No. P. D22 T 69292 LOT 7R-2, BLOCK 1 SANDSHELL COMMERCIAL ADDITION DOC. No. D222269292 O.P.R.T.C.T. DCTN3 596 FORT WORTH TX LLC DOC. NO. D222263938 O.P.R.T.C.T. 30PUBLIC ACCESS EASEMENT 0.6043 ACRES CC#D211144554 LOT 26,323 SQ. FT. O.P.R.T.C.T. 813 I BLOCK 1 TRACT 2 I 1 SANDSHELL COMMERCIAL ADDITION PROPOSED 1„ WATER LINE ENCROACHING 12.5 UTILITY I DOC. No. D211144554 ESMT., SANITARY SEWER ESMT., & 2.5' WATER EASEMENT O.P. i .T.C.T. 0.0016 ACRES (71 SQ. FT.) 2.5' WATER EASEMENT 1 _DOC. NO. D222269292 12.5' UTILITY EASEMENT POINT OF O.P.R.T.C.T. CC#D204027640 BEGINNING I 0. i .R.T.C.T. — — S 89°09'46" W — 103.03' \ �� — — — L� SANITARY SEWER EASEMENT / t L2 CC#D204161642 O.P.R.T.C.T. \�L4 ---- �� I — — POINT Ln OF 1 0 L COMMENCING o "' 'Y' CUT FOUND (CM— — Z N 87405" E "X" CUT FOUND 34.86' (CM) L8 S 89°45'39"E 2.00' VARIABLE WIDTH DRAINAGE EASEMENT CC#D204280964 O.P.R.T.C.T.__---� �\ LOT 5R3 / VARIABLE WIDTH ACCESS & UTILITY I BLOCK 1 EASEMENT SANDSHELL COMMERCIAL DOC. NO. D205055336 ADDITION / DOC. NO. D205280738 I DOC. No. D211144554 i AS SHOWN ON — — O.P.R�T.C.T. DOC. NO. D211144554 J O.P.R.T.C.T. The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. 20 10 0 SCALE IN FEET ENCROACHMENT 1 /24/23 AGREEMENT -TRACT 2 �P�.*�RF CHASE CRAWFORD n A PORTION OF LOT 7R-2, BLOCK SANDSHELL COMMERCIAL ADDITION 6913 .,: UL� ��� MILLY GILBERT SURVEY, ABSTRACT NO. 565 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CHASE CRAW FORD TEXAS RPLS NO. 6913 Surveying ConstrucionSial ing Platting 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W. TraverseLandSurveying.com Texas Firm No. 10194631 JOB No. TR-26.2-22 DRAWN BY: CRC DATE: JANUARY 24, 2023 CHECKED BY. MAN SCALE: 1 "=20' SHEET 3 OF 3 EXHIBIT 11C-3" LEGAL DESCRIPTION - TRACT 3 Being a 0.0006 acre tract of land situated in the Milly Gilbert Survey, Abstract No. 565, City of Fort Worth, Tarrant County, Texas, being a portion of Lots 7R-1 and 7R-2, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D222269292 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as conveyed to DCTN3 596 Fort Worth TX, LLC by Special Warranty Deed, recorded in Document Number D222263938, (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at an "X" cut in concrete (Controlling Monument (CM)) found on a southeasterly corner of said Lot 7R-2, Block 1, and on the northerly line of Lot 5R3, Block 1, Sandshell Commercial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D211144554, (O.P.R.T.C.T.); THENCE North 89 degrees 11 minutes 05 seconds East, along the common southerly line of said Lot 7R-2, Block 1 and the northerly line of said Lot 5R3, Block 1, a distance of 34.86 feet to an "X" cut in concrete found on the southeasterly corner of said Lot 7R-2; THENCE North 00 degrees 50 minutes 14 seconds West, along the common easterly line of said Lot 7R-2, Block 1, and a northerly line of said Lot 5R3, Block 1, a distance of 33.57 feet to a point for corner on the common easterly line of said Lot 7R-2, Block 1, and the westerly line of 8R, Block 1, of said Sandshell Addition THENCE departing the common easterly line of said Lot 7R-2, Block 1, and the westerly line of said Lot 8R, Block 1, and being over, under and across said Lots 7R-1 and 7R-2, Block 1 the following eight (8) calls; 1) South 89 degrees 09 minutes 46 seconds West, a distance of 107.03 feet to the POINT OF BEGINNING, being inside an existing 2.5 foot Water Easement, as recorded in Document Number D222269292 (0.P.R.T.C.T.); 2) South 00 degrees 14 minutes 11 seconds West, continuing across said Water Easement, a distance of 6.08 feet to a point for corner inside an existing Utility Easement, as recorded in Document Number D204027640 (O.P.R.T.C.T.); 3) South 45 degrees 14 minutes 21 seconds West, continuing across said Utility Easement, a distance of 6.23 feet to a point for corner; 4) South 88 degrees 51 minutes 37 seconds West, continuing across said Utility Easement, a distance of 1.38 feet to a point for corner; 5) North 01 degrees 08 minutes 23 seconds West, continuing across said Utility Easement, a distance of 1.45 feet to a point for corner; ENCROACHMENT 1/24/23 OF AGREEMENT -TRACT 3*�R�, v A PORTION OF LOT 7R-2, BLOCK 1 CHASE CRAWFORD o 0 SANDSHELL COMMERCIAL ADDITION 6913 MILLY GILBERT SURVEY, ABSTRACT NO. 565 ��;�°Fess�� oQ dGpaD pHE LLC � SUR�� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Surveying Construction Staking I Platting JOB No. TR-26.2-22 DRAWN BY: CRC 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 DATE: JANUARY 24, 2023 CHECKED BY: MAN CHASE CRAWFOR W: TraverseLandSurveying.com SCALE: 1 "=20' SHEET 1 OF 3 TEXAS RPLS NO. 6913 Texas Firm No. 10194631 EXHIBIT "C-311 LEGAL DESCRIPTION - TRACT 3 6) North 45 degrees 14 minutes 21 seconds East, continuing across said Utility Easement, a distance of 5.40 feet to a point for corner; 7) North 00 degrees 14 minutes 11 seconds East, continuing across said Utility Easement, a distance of 5.25 feet to a point for corner inside said Water Easement; 8) South 89 degrees 45 minutes 49 seconds East, continuing across said Water Easement, a distance of 2.00 feet to the POINT OF BEGINNING and containing 0.0006 acres of land (24 sq. ft.); ENCROACHMENT 1/24/23 AGREEMENT -TRACT 3 ........................ A PORTION OF LOT 7R-2, BLOCK 1 CHASE CRAWFORD o n0 SANDSHELL COMMERCIAL ADDITION :q 6913 .,: �(E L�S� MILLY GILBERT SURVEY, ABSTRACT NO. 565 �9°Fess��oQ �� suR� D CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Surveyingg I Construction Slaking Platting 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W. TraverseLandSurveying.com Texas Firm No. 10194631 JOB No. TR-26.2-22 DRAWN BY: CRC DATE: JANUARY 24, 2023 CHECKED BY. MAN CHASE CRAWFO TEXAS RPLS NO. 6913 SCALE: 1 "=20' SHEET 2 OF 3 EXHIBIT "C-3" 24' CROSS ACCESS ESMT. DOC. NO. D222269292 O.P.R.T.C.T. LOT 7R-2, BLOCK 1 —� I 'T10' DRAINAGE ESMT. SANDSHELL COMMERCIAL ADDITION DOC. NO. P.R.T. 2O 69292 69292 DOC. O.P.R.T.C.T. T.0 T I I DCTN3 596 FORT WORTH TX LLC LOT 7R-1, BLOCK 1 DOC. NO. D222263938 I SANDSHELL COMMERCIAL ADDITION O.P.R.T.C.T. DOC. No. D222269292 O.P.R.T.C.T. 0.6043 ACRES 26,323 SQ. FT. DCT6 596 FORT WORTH TX LLC DOC. NO. D222263938 30' PUBLIC ACCESS 0.P.R.T.C.T. EASEMENT I CC#D211144554 LOT 8R 0.9782 ACRES O.P.R.T.C.T. CK 1 42,612 SQ. FT. TRACT 3 I I SANDSHELL O COMMERCIAL PROPOSED 4" SANITARY SEWER LINE ENCROACHING 1215' I DOC. No. DI211144554 UTILITY ESMT., & 2.5' WATER EASEMENT O.P.RI.T.C.T. 0.0006 ACRES (24 SQ. FT.) 2.5' WATER EASEMENT 12.5' UTILITY EASEMENT 1 — J _ _ DOC. NO. D222269292 POINT OF _ _ \O.P.R.T.C.T. CC#D204027640 BEGINNING I 0. i .R.T.C.T. L7 — — — — S 89°09'46" W — 107.03' \ �� — — — L L1 I SANITARY SEWER EASEMENT CC#D204161642 L4L3 L2 �\ O.P.R.T.C.T. �POINT OF I M COMMENCING o ro — — "X" CUT FOUND (CM N 89° 1 1 '05" E "X" CUT FOUND 34.86' (CM) VARIABLE WIDTH DRAINAGE EASEMENT CC#D204280964 O.P.R.T.C.T.__---� �\ LOT 5R3 / VARIABLE WIDTH ACCESS & UTILITY I BLOCK 1 EASEMENT SANDSHELL COMMERCIAL DOC. NO. D205055336 ADDITION / DOC. NO. D205280738 I DOC. No. D211144554 i AS SHOWN ON — — O.P.R�T.C.T. 20 10 0 DOC. NO. D211144554 J O.P.R.T.C.T. The Basis of Bearings is from the Texas State Plane Coordinate System, NAD83, SCALE IN FEET North Central Zone as derived from GPS observations using the Allterra RTK Network and adjusted to surface using a surface scale factor of 1.00012. 1/24/23 LINE TABLE No. Bearing Distance. L1 S 00° 14' 1 1 "W 6.08' L2 S 45°14'21 "W 6.23' L3 S 88°51'37"W 1.38' L4 N 01 °08'23"W 1.45' L5 N 45°14'21 "E 5.40' L6 N 00° 14' 1 1 "E 5.25' L7 S 89°45'49"E 2.00' ENCROACHMENTOF AGREEMENT -TRACT 3 *�RF F. CHASE CRAWFORD A PORTION OF LOT 7R-2, BLOCK 1 SANDSHELL COMMERCIAL ADDITION 6913 .,: �FEI) L��� MILLY GILBERT SURVEY, ABSTRACT NO. 565 ITY OF FORT WORTH, TARRANT COUNTY, TEXAS CHASE CRAWFORD TEXAS RPLS NO. 6913 Surveying ConstrucionSial ing I Platting 14200 Midway Road, Suite 130 Dallas, TX 75244 T: 469.784.9321 W. TraverseLandSurveying.com Texas Firm No. 10194631 JOB No. TR-26.2-22 DRAWN BY: CRC DATE: JANUARY 24, 2023 CHECKED BY. MAN 1 SCALE: 1 "=20' SHEET 3 OF 3 640 QOzH¢rw H ¢3c0 a¢OU 2SoW >wI O 3NQ mQzQ� W = m H Ho U ZJ F 0 O U U�WOm o Z w Q o W Q vU ' w y Q QZ Y WO —U 11.48 LF PROPOSED 4" SANITARY SEWER LINE ENCROACHING 12.5' UTILITY EASEMENT & 2.5' WATER EASEMENT 635 SCALE H: 1-10' V. 1"--2' 0+50 0+00 35.68 LF PROPOSED 1" WATER LINE SEWER EASEMENT, 12.5' UTILITY EASEMENT & 2.5' WATER EASEMENT SCALE H: 1-10' V. 1"--2' 0+50 0+00 710 6.53 LF PROPOSED 4" IRRIGATION LINE ENCROACHING 12.5' UTILITY EASEMENT & 2.5' WATER EASEMENT 705 SCALE H: 1-10' V. 1"--2' 0+50 0+00 STRICKLAND BROTHERS OIL CHANGE 3052 BASSWOOD BLVD. FORT WORTH TEXAS NORTH EXHIBIT-A1 ; TRIENA[���•NpGLE N�RIN GILLC ° 30 60 UTILITY CROSSING W T 4 9.331.85881 F:4 .231.]14 em Irienele-enecccm O: 1782 McDermott Drive Allen, TX ]5013 Planning I W Engineering I CMShuChon Management EXHIBIT DESIGN DRAWN DATE SCALE PROJECT NO. SHEET N0. KP KR 10-12-22 OVERALL A i L ti 111 — 3°1 S C A TX PE FIRM #11525 L EXHIBIT EXHIBIT D Franchise Consent Letters Tier II Easement Encroachment Agreement Page 13 of 14 Revised 12/2022 TMOS energy March 1, 2023 Keyur Rathod Triangle Engineering 1784 W McDermott Allen, Texas 75013 Re: Encroachment into Utility Easement-3052 Basswood Blvd Keyur Rathod, Upon your request I have reviewed the location of the gas facilities near your project site. Atmos does not object to the encroachment located at the property listed above. Verification of the gas line can be obtained through 811 Call Before You Dig. Any damages to Atmos facilities due to such encroachment will be billed to the party causing the damage. If you have any questions, please contact me at 214-549-7144. Sincerely, J8dr0ney Bobb Project Manager Atmos Energy Corporation 100 West Morningside Fort Worth, Texas 76110 �t at&t March 6, 2023 RE: 3052 Basswood Blvd., Fort Worth, Texas, 76137 Tarrant County-Sandshell Commercial Addition Block 1 Lot 7R along the South side of property 12.5-ft Utility Easement Encroachment Request AT&T Texas Melissa McElyea 117 W Columbia St Weatherford, TX 76086 817 718-4055 In response to the request for the encroachment on a portion of the 12.5-ft Utility Easement along the South side of the property, north of Clay Mountain Trail, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachments shown on the attached sketch. Plat found in Tarrant County Clerk File Recorded in Document number D222269292. It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of- way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. Please let me know if you have any questions. Sincerely, Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841@att.com BASSWOOD BLVD. (VARdABLE WIDTH MGHT-OE-WAY) cc o. iura,�u S.P Ri.6T. __________---- _1 J14 PROP W OE LOT 7R-t, BLOCK I SANDS14ELL COMMERCIAL AMITON DOC. Na D211144554 O.P.R.T.C.T. x B CON61RlIClld1 COON WMTt C RRLOG WiFt DWBBJ 1.1' CI1V SID IPJtIGA11UN WPRR 4C RR NSTAWTOr WIM CAT NSPCC COIBTRUCTON Io' P,O.S.f_ P.R.T.C.T. Ir PRNARCwE _ ti--_� -- - -_� - z a c a I I I PRIVATE CROSS ACCESS J I EASEMONT 1 1 1 CAB. A SL. Bub I I 1 O.PJLT.C.T, _____—__ I 144 1 B 1 1 1 LOT eR BLOCK 1 OIL CHANGE I sµDSNELL COAIYERCIAL AMMON 3 BAYS J DOC- NR. D211144554 1.725 S.F. , O.Pdr_T.C.T. FFE=64900 1 I 2< OosTINO SONIC DRIVE-THRU RESTAURANT I rDDtEsnc I 3 1 �� I WATER 5ERJCE I ll i 1 I 1 1 I I A PASMNTACLESS I CA& A. A 9435 I M 1 I 1 1 G 30' PUBUC ACCESS VNE fO DE USIITIN EI CC ... ,......,.... I D211155P .P.R.T.C.T. PRDP IODE i 1 _ �A- \ 1 DRAINA C"02 E EASEMENT ,PAT.GT. r�`� 1•S."rm wm II / I CC/O20N.C,T. A_ O.P.R.T.C.T. ____ _ - �1a • I � ORNNAGE EASMNT -� l s.x. '"K 2S NILITY E9R Yo TBAb —BNo JAe O.P.R.T.i.T. !. /� � ' _yam _�- � MTENqcp = 9ANIAESEWF.A II -sAPnAm SEVER EASETJEI DFDkATur. I I CLOYAJ. t. 6 I � O.P,R.T.C.I. _____ - - PgryAR CROSS __ EASELEF I ono .tr PR:IP r PVG WASTEYullII1A 2 OD1. iPRrvAIEI Vn 1 0-M 1B1M'REWLEP 1814' AS NYE tSBI V A' VNV LNE NW#2 0.0181 tr,IEANOUI . + nLF 1lr A J'A5 i NW..4Y t•A 5fi- t •w5 NYE ri'Wbl —. IJ' CIEA-1 1IIBT tF I' tVn' LH W.- 1->!21 1DO.BlF CIEANW' t6MV rWW LYt wN+ei 1. 11 NW$t-�'0.00 OY ta'CtEANOUT NYAA-5' 1.705E IJ'0-N E 131iVr WW LHE 1�• Nt NpPBmJTAI W1VB2 OH611 1+ AY NYE CLEANDUt B 1-11NlFr WNW 1-0LU/IAh`N SEPTF. WW8-3 0.17N1 1.5ANPtEWELL 1-J 1B LFr WW LM PROPOSED M PRIVATE BOSS ACCESS EASEMENT DOC. NO. B222280292 PFiDPOSE❑ II' DRAdNAGE EASEMENT OOC. NO. EC22289292 PROPOSM2B WATER EASEMENT DOG. ND. D222289292 12B L1Te.ITY EASE]EW CC/O3D402T6Q C P.R_T.C.T SANITARY SEWER EASEMEN7r CCND214197eU O.P.R_T.C.T. ENCROACHMENT 2 f VARIABLE WIOTFI DRAINAGE EASEMENT SANITARY SEINER FRSEMENT CGO2042WM4 CCND2I4197Sd7 O.P.R.T.C.T. O.PTtT.C.T. ROACHMENT3 ENCROACHMENT LOT 5R3 BLOCK 1 6ONCOR Date: 03/02/2023 Customer / Contractor Name: Stephanie Wall/ Triangle Engineering LLC Street Address: 3052 Basswood Blvd City / State / Zip: Fort Worth, TX 76137 Irrigation, Sanitary Sewer and Water Lines Encroachment: 3052 Basswood Blvd Dear Stephanie Wall: I have received your request to construct/replace an Irrigation, Sanitary Sewer and Water Lines at the above referenced location. A portion of the proposed Irrigation, Sanitary Sewer and Water lines will be within a Platted Utility Easement or an Oncor Electric Delivery Company easement. At no time should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon. Oncor does not have facilities located within the above mentioned easement. 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. Also, this letter is not intended to release the builder of this encroachment, or the present owner, or future owners of the property from any liability arising out of the location of this encroachment in the easement. Oncor shall continue to have unrestricted access to, on and across the easement. It is understood by owner, that when the electrical facilities in the easement area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work. Oncor maintains the right to utilize the entire easement for its needs, and will not be responsible for any damages. Owner acknowledges and understands that Oncor maintains overhead and/or underground electrical facilities within the easement. State law requires contacting Dig Tess by calling 811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements. If you have any questions or need additional information, please contact the Oncor office at (254) 964-4470. Sincerely, Noor Diya, Utility Designer DCTN3 596 FORT WORTH TX, LLC, a Delaware limited liability company By: DCT/N3, LLC, a Delaware limited liability company, its Manager By: N3 Property Advisors, LLC, a Delaware limited liability company, its Manager By: Bren a Wadleigh, President Date: March 3, 2023 Spectrum► March 1, 2023 Stephanie Wall Permit Coordinator Triangle Engineering, LLC 1782 W. McDermott Dr Allen, TX 75013 SUBJECT: Encroachment of 3052 Basswood Blvd, Fort Worth, TX 76137 Spectrum Communications hereby grants a 5ft encroachment for the purpose of building into portion of the front easement 5ft General Utility Easement associated with the property located at 3052 Basswood Blvd within the City of Fort Worth, Texas 76137. Spectrum Communications reserves the right to have access to any other applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary. Spectrum Communications currently has facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and 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 forcerelos@kinetic-eng.com. Please share this information with whoever needs these services. Sincerely, Sw6tr _ Troy Hopson I Business Development Specialist j (0) 817-298-3554 Ceil 682-999-2989 8545 Airport Freeway 0108 1 North Richland Fins I TX 76180 EXHIBIT E Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 Revised 12/2022