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
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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
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Depiction of the Public Property
Tier II Easement Encroachment Agreement Page I I of 14
Revised 12/2022
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 14
Revised 12/2022
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PROPOSED 24' PRIVATE ROSS ACCESS
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DOC. NO. D222269292 I I
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ENCROACHMENT 3
PROPOSED 10' DRAINAGE EASEMENT
DOC. NO. D222269292 i $i
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PROPOSED 2.5' WATER EASEMENT I
DOC. NO. D222269292 $
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CC#D204027640 - -------------------------------------------- --
O.P.R.T.C.T.
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ENCROACHMENT
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ENCROACHMENT
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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
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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.
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ENCROACHMENT
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VARIABLE WIOTFI DRAINAGE EASEMENT
SANITARY SEINER FRSEMENT CGO2042WM4
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O.P.R.T.C.T.
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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