HomeMy WebLinkAboutContract 60480Date Received: 11/14/2023 Record Number: PN23-00116
Time Received: 10:40 a.m. City Secretary No.: 60480
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 Texas Star Real Estate, LLC, a(n)
Texas limited liability company ("Licensee"), acting by and through its duly authorized
Member.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 9285 Harmon
Road, Fort Worth, Texas 76131 ("Property"), as recorded in Deed Records as an
Addition to Pinnacle Harmon, Lot 1 and 2, Block 1, in the J. Walker Survey, Abstract
No. 1600, by Instrument Number D220065174, in Tarrant County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility easement (the
"Public Property") adjacent to the Property, and as recorded in the plat records of
Tarrant County as plat number FS-20-128; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
Tier II Easement Encroachment Agreement OFFICIAL RECORD page 1 of 12
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a 24' reinforced concrete pipe outlet and outlet connection
(the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within the Public Property. Licensee shall
not expand or otherwise cause the Encroachment to further infringe in or on the Public
Property beyond what is specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit `B." 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.
Tier II Easement Encroachment Agreement Page 2 of 12
Revised 12/2022
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
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
Tier II Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
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 "A."
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 "C" 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 12
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 12
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 12
Revised 12/2022
City:
CITY OF FORT WORTH
DJ Harrell (Nov 13, 202317:02 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Nov 13, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: Nov 14, 2023
Tier 11 Easement Encroachment Agreement
Licensee:
Texas Star Real Estate, LLC
a Texas limited liability company
By: , ��') 411--Z
Name: Arthur Dawson
Title: Membe
!!ff [[r
Date:
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Nov 13, 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 (Nov 13, 2023 17:00 CST)
Rebecca Owen
Development Services
Date_ Nov 13, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7 of 12
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D.J. Harrell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the act and
deed of the City of Fort Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of
November 12023
L. Digitally signed by
Wendy Wendy L. Beardslee
Beardslee Date:2023.11.13
17:25:43-06'00'
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
. PRYPce�, WENDY L BEARDSLEE
o�
a Notary Public ,
* * STATE OF TEXAS
N� CO Notary I.D. 13323719-3
9jFOF My Comm. Exp. July 28, 2025
Page 8 of 12
Revised 12/2022
STATE OF-T-FrYMAS- §
COUNTY O&__[�' §
� a - 'A0,
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
PiD`010a , on this day personally appeared Arthur Dawson, Manager (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 Texas Star Real Estate, LLC, a Texas limited
liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this `Ut day
v
ofOUyt`�Z0 L3 .
MICHELLE N. SARDIRA
Notary public - State of Flonda
Cammission # HH 178754
My Comm. Expires 5eC 2a.
Votary Public in and for the 2025
State of �'- kO 6Ck
Tier II Easement Encroachment Agreement Page 9 of 12
Revised 1212022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
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OWNER:
TEXAS STAR RFAL ESTATE, LLC
4505MAHOGANY
PINNACLE
ENGINEER is
ENGINEER 2;
150fl
COPPER CANYON. TX 75017
BEAR LAND CONSULTANTS, LLC
GLOBAL CIVIL SOLUTIONS, LLC
DEVELOPER:
MONTESSORI OF
208 S. ,OHNSON ST.. 4la3
17551FOREST CENTRALDR
SCALE 1' — 1500' SRC LAND BUILDING AND REAL ESTATE LLC
811 S. CENTRAL EXPRESSWAY, SUITE 306
H ARMON RD
MCKINNEY, TX 75069
F 22218
SUITE
DALLAS. TX 73243
RICHARDSON, TX 75080
F-12801
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EXHIBIT "A"
TTOPOGUMC81
LOYALTY INNOVATION LEGACY
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481 WINSCOTT ROAD, Ste. 200 " BENBROOK. TEXAS 70126
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LOT 26
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TELEPHONE: (817j 744-7512 • FAX (817) 744.7554
TEXAS FIRM REGISTRATION NO. 10042504
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LOT 1, BLOCK 1
PINNACLE HARMON ADDITION
1/2" CIRF
INST. NO. D221229334
"TOPOGRAPHIC"
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SCALE: 1" = 30'
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15' 30'
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INST. NO. D216078364
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INST. NO. D221229334
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O.P.R.T.C.T.
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LINE TABLE
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NO. BEARING LENGTH
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L1 S00°20'28"E 32.78'
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L4 S00°20'28"E 2.00'
LOT 23
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W.& S.S.E. ENCROACHMENT
VARIABLEWIDTH D.E--+ A
INST. NO. D216078364 O
0.002 OF AN ACRE
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— O.P.R.T.C.T. —
5 70 SQ. FT.
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LOT 22X ,� L2
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30' W., S.S. & D.F.E.
%INST. NO- D212047132,
--w w w I w �w _. EXISTING w W _
15' U.E.
INST, NO. D216078364 '"' P • 0 • B •
y ,a . _ SS EXISTING �_-- _
O.P.R.T.C.T. .... _.�—_......- SS
15D.E. 1/2" CIRF "TOPOGRAPHIC"
INST. NO. D216078364, O.P.R.T.C.T. I I FROM WHICH A—
�ilf— BENT 3/4" IRF IN CONCRETE BEARS
I S45°13'38"W,, 0.59' —
1 `
LOT 6 LOT 5 QUAIL GLOT 1 ROVE ADDITION WHITE SWAN PLACE
BLOCK 6 , PHASE 1 ` (5 )' R.O.W.)
CABINET A, SLIDE 10613
P.R.T. C.T. , I
NOTES LEGEND
1. ORIOUTAL DOCUMENT SIZE. S.S" X I V PROPOSED EASEMENT
2. ALL BEARINGS, DISTANCES, AND COORDINATE VALUES CONTAINED HEREII4 ARE ENCROACHMENT
GRID BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL
PRIVATE STORM _ — ZONE ADJOINER LINE
NE 4202. U.S SURVEY FEET. NYt NORTH Af121CAN DATUM 1983
3 CE=CATION IS MADE ONLY TO THE LOCATION OF THBS EA.1.1
RVEY
W. & S.S.E. ENCROACHMENT MADEON TFiE GROUND UNDER MY SUPERVIN RELATION TO THEI6ION THIS CFRTlF7CAT]ON I9LtME FOUND DURING A FIELD�ED1O EASEMENT
LOT2 BLOCK 1 THOSE PERSONS OR E TMES SHOWN ON THE FACE OF THIS PLAT AND IS
f NON -TRANSFERABLE. AND MADE FOR THUS TRANSACTION ONLY. W BURIED WATER
PINNACLE HARIVIAN ADDITION 5. POe PLACEOFFBBEGINNIZIG wnFOX wroRMAnoNaLPURPOSES ol4LY. ___� ___ SANITARY SEWER LINE
INSTRUMENT NO. D221229334 7, D.R.T.C.T.=DEED RECORDS ARRANT COS TEXAS
�j'� S. O.P.R.T.C.T. - OFFICIAL PUBLIC RECORDS. TARRAN1' COUNTY, TEXAS IRON ROD FOUND ()RF] (AS NOTED)
O.P.R.T.C.T. 9. SEE ATTACHEDSHM2OF2FOREASEMENTENCROACHMENT DESCRIPTION. ® CALCULATED CORNER
10. UNDERGROUND UTUMES SHOWN HEREON ARE BASED ON VISIBLE EVIDENCE
OBSERVED DURING THE COURSE OF A FIELD SURVEY AND/OR ENGINEERING PLANS. O STORM DRAIN MANHOLE
THIS SURVEYOR MARES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN
F[ �7�FT�� *�� COMPNSE 1 SUCH UTBdI'ff5 IN THE ABEA, 1111. IN SERVICE OR ABANDONED.
DATE: 09/27/2023 I DRAWN LY BY.B YY M THIS SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND U7ILRIES ® SANITARY SE MANHOLE
SHOWN HEREON ARE THE EXACT LOCATION INDICATED. THIS SURVEYOR HAS NOT
FILE:FaO-HMAl1flWaglt'R�-0I�G+O MW SHEET:10F2 MUSICALLY LOCATED ME UNDERGROUND U'IUSTIM - CONCRETE y
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EXHIBIT "A"
EASEMENT ENCROACHMENT DESCRIPTION:
BEING A TRACT OF LAND IN THE J. WALKER SURVEY, ABSTRACT NO. 1600, TARRANT COUNTY, TEXAS, AND BEING PART
OF LOT 2, BLOCK 1 OF PINNACLE HARMON ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,
TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NO. D22I229334, OFFICIAL PUBLIC RECORDS
OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 2 AND THE EAST LINE OF LOT 22X, BLOCK 27 OF PRESIDIO WEST,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
RECORDED IN INSTRUMENT NO. D216078364, O.P.R.T.C.T., FROM WHICH A 1/2" IRON ROD WITH A CAP STAMPED
"TOPOGRAPHIC" FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 2 AND THE SOUTHEAST CORNER OF SAID LOT 22X
AND BEING IN THE NORTH LINE OF LOT 1, BLOCK 6 OF QUAIL GROVE ADDITION, AN ADDITION TO THE CITY OF FORT
WORTH, TARRANT COUNTY, 'TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, SLIDE 10613, PLAT
RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.) BEARS SOUTH 0°20'28" EAST, 32.78 FEET;
THENCE NORTH 0020'28" WEST, WITH SAID WEST LINE OF SAID LOT 2 AND SAID EAST LINE OF SAID LOT 22X, A DISTANCE
OF 2.00 FEET TO A POINT FROM WHICH A 1/2" IRON ROD WITH A CAP STAMPED "TOPOGRAPHIC" FOUND FOR THE
SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 2 AND THE NORTHWEST CORNER OF SAID LOT 2 AND BEING IN THE
EAST LINE OF LOT 25, OF SAID BLOCK 27, BEARS NORTH 0°20'28" WEST, 141.77 FEET:
THENCE OVER AND ACROSS SAID LOT 2 AS FOLLOWS:
NORTH 89039'32" EAST, A DISTANCE OF 35.00 FEET TO A POINT ON THE EAST LINE OF A 3& WATER AND SANITARY
SEWER EASEMENT, AS RECORDED IN INSTRUMENT NO. D221229334, O.P.R.T.C.T.;
SOUTH 0020'28" EAST, WITH SAID EAST LINE OF 35' WATER AND SANTTARY SEWER EASEMENT, A DISTANCE OF 2.00
FEET TO A POINT;
SOUTH 89°39'32" WEST, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.002 ACRES
(70 SQUARE FEET).
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SURVEYED ON THE GROUND: 04/28/2022
�� f a NOTES:
PRIVATE STORM I. ORIGINALDOCI7MENTSIZE. a.5 111
2_ ALL BP,ARINGS, DISTANCE&, ACREAGES AhL C 00M ATE VALUCS COriTPAUU D HERES1`�
W. & S.S.E. ENCROACHMENT N(=202) UPS-SURVEY=.N M-H A,p �Aae3 MTEM.,ti°I��,°�,='�L
LOT 2, BLOCK 1 SEE A7TACHED EZH�BIT "A" SHEET 1 OF 2 FOR EASEMENC ENCROACHMENT MAR
PINNACLE HARMAN ADDITION TTOKCWHE
INSTRUMENT NO. D221229334
O.P.R.T.C.T. LOYALTY INNOVATION LEGACY
48'. WINSCCTT ROAD. Sle. top • BENBROOK. TEXAS 76126
)ATE: 09/27/2023 DRAWN BY:BViM TELEPHONE- 4617) 744-7512 • Fax j817Y 744.7554
TEXAS FIRM REGISTRATION NO. 1pp425U4
'II,E: =_3i RIiWUJINdI hp(i�ppl }its I SHEET: 2 OF 2 WWWTOPOGRAPHG.GOM
VARIABLE WIDTH D.E.
^INST. NO. D216078364, O.P.P T.C.T.
36 W AND S.S.E
15' U.E. INST. INST.NO.0221229334 =
NO. O.P.R.J.C.T. I
D216078364, —
O.PaT.C.T.
EXISTING WYE INLET AND*A2
'-4
STORM SYSTEM K-2347ENCRw PART OF
N
Fi�21 MCP
� 1 T WATERLINE
---------- - _... _. -- - - --- - - - --.S K0463.1.
FL:724,81 LEGEND
PROPERTY LINE
ADJACENT PROPERTY LINE
_ EASEMENT LINE
IEXISTING CONTOUR
PROPOSED CONTOUR
PROPOSED SWALE
724 EXISTING OVERHEAD ELECTRIC
8" SSWR LINE.. EXISTING WATER UNE
STA: 0+53.17 PROPOSED WATER LINE
FL: 724.34 EXISTING SANITARY SEWER LINE
VERTICAL CLEARANCE BETWEEN THE OUTER DIAMETER OF PUBLIC LINES SANITARY SEWER UNE
AND THE PRIVATE STORM DRAIN PROPOSED STORM UNE
PROPOSED ROOF DRAIN UNE
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GLOBAL CIVIL SOLUTIONS,
11551 FOREST CENTRAL
DRIVE
r,,111 SUITE 220
DALLAS, TX 75243
F-12801
_#1/74W- "r 11/3/20M
ffii..��AALL OK S IATNTNS (GCS) HAS RENEWED
OOM/ENTS 155iE0 BY THE CITY OF FORT WORTH
WITH RESPECT TO THESE HEREIN CONSTRUCTION
PLANS ('PLANS') DE ED Q PREPARED UNDER
THE SEAL CIF AND SV (TIED BY HEN NOUYEN.
PE /126133. REVISIONS. ALTERATIONS d CHANCES
(('�REMAONS') HAVE BEEN LADE TO THE *PLANT
IN ACCaROANCE WITH aTY OF FORTH WORTH
COMETITS. AND DO NOT RELIEVE THE ENONEER
OF REOOI O PRIOR TO JUKE 05. 2=.
Revisions By GCS:
11/3=3 PER CITY COMMENTS
11MM023 PER CITY COMMENTS
BENCHMARKS
IENCH11 IRKE1: LOCATED T1.21 TO THE EAST OF THE SOUTHEAST CORER OF
THE PROPERTY AND O.R TO THE NORTH OF THE SDUHIIEAST COWER OF ME
PROPERTY, N. M5551.16 E 252201E54
ELEVATION, 73LT1
KACIlY. tl LOCATHIN2e TOTHEEASTDF THE NORTFEASTCOREER OF
THE PROPEMAN01301J TOME NORMOF THEIORTHEAST COWER OF THE
PROPERn, N, 7015L1'LO4 E II210EATA
ELEVATION, 73J31
BEAR LAND
CONSULTANTS. LLC
NWRET. Tk'SOB
TEPE FIRM H10 F-ma
REVISIONS
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SHEET TYRE
EASEMENT
BOUNDARIES
"ETNAIRER
ISSIF OATS. 07H320t2
EXHIBIT B
Franchise Utility Letters
Tier 11 Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
AT&T
AT&f ttigt,f.of-Way
13845 FAA, Rind.
Fart Worth. TX 76155
October 12, 2023
Texas Star Real Estate, LLC
Pinnacle Montessori Harmon Rd.
9285 Harmon Rd
Fort Worth, TX 76177
RE: AT&T Letter of No Objection - Easement Encroachment for Storm Drain Construction
Pinnacle Harrison Addition -- Lot 2, Block 1 -- D221229334
Fort Worth, Tarrant County, Texas
Texas Star Real Estate, LLC,
Southwestern Bell Telephone Company, d/h/a AT&T Texas, has no objections to the construction
of the storm drain on the property referenced above at 9285 Harmon Rd.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
Ray A. Garcia
AT&T - Sr. Specialist-OSP Design Engineer 1 Right -of -Way
917-550-7576
ray.. , arcia@au.com
10/2/2023
Texas Star Real Estate, LLC
Pinnacle Montessori Harmon Rd.
9285 Harmon Rd, Fort Worth, TX 76177
Re: Encroachment into Utility Easement
Texas Star Real Estate, LLC,
Upon your request, I have reviewed the location of our facilities near your project site. Spectrum does not
object to the encroachment located at the property listed above. Verification of the line can be obtained
through 811 Call Before You Dig. Any damage caused to Spectrum facilities due to such encroachment
will be billed to the party causing the damage.
If you have any questions, please contact me at the information below.
Sincerely,
wtr 1►
Troy Hopson I Business Development Speclallst j (0) 817-2W3554 CeM 682-OW29%
8545 Airport Freeway #1081 North Richland Ms TX 76180
Lydia Hays
C5NCPR ROW Analyst
Oncor Electric Delivery Co., LLC
777 Main Street
Suite 707
Fort Worth TX 76102
TEL: 817-683-8895
Email: Lvdla.Hays2(d)Oncor.com
October 24, 2023
Texas Star Real Estate, LLC
Pinnacle Montessori Harmon Road
9285 Harmon Road, Fort Worth TX 76177
RE: Utility Easement Encroachment
Texas Star Real Estate, LLC,
In regards to the property located at 9285 Harmon Road, Oncor Electric Delivery
Company (Oncor) has completed a site visit, and reviewed the provided documents.
Oncor has confirmed we do not have facilities along this utility easement, and therefore
has no objection to the construction of a "private storm drain" across the 35' W & SSE
easement as shown in attached "Exhibit A".
Thank you,
Lydia Hays
Distribution ROW Analyst
REMEMBER TO CALL 811 BEFORE YOU DIG
10/5/2023
Texas Star Real Estate, LLC
Pinnacle Montessori Harmon Rd.
9285 Harmon Rd, Fort Worth, TX 76177
Re: Encroachment into Utility Easement
Texas Star Real Estate, LLC,
Upon your request, I have reviewed the location of the gas facilities near your project site. Atmos Energy
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 damage caused 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 469-841-2598
Sincerely,
DocuSigned by:
B8A938258EFF4C4...
Talon Tucker
Engineer
Atmos Energy
d: l r t,
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A�
SCALE: 1" = 30'
0' 15, 30'
LOT 26
1/2"
"TOPOGRAF
LOT 25
BLOCK 27
_ PRESIDIO WEST
INST. NO. D216078364
O.P.R.T.C.T.
LOT 24
M
LOT 23 00
0
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VARIABLE WIDTH D.£—
INA O
MST. NO. D216078364 —
O.P.R.T.C.T.
LOT 22X
- w _ _--- w
15' U.E.
INST. NO. D216078364
O.P.R.T.C.T.
15' D.E
INST. NO. D216078364, O.P.R.T.C.T
LOT 6 LOTS
BLOCK 6
EXHIBIT "A"
T Topcc�HIc
LOYALTY INNOVATION LEGACY
D
481 WINSCOTT ROAD, Ste. 200. BENBROOK, TEXAS 76126
TELEPHONE: (817) 744.7512 • FAX (817) 744.7554
TEXAS FIRM REGISTRATION NO. 10042UX
W W W.TOPOGRAPF IC. COM
_
LOT 1, BLOCK 1
PINNACLE HARMON ADDITION
INST. NO. D221229334
O.P.R.T.C.T.
v
LOT 2, BLOCK 1
PINNACLE HARMON ADDITION
INST. NO. D221229334
O.P.R.T.C.T.
LINE TABLE
NO.
BEARING
LENGTH
III
S00020'28"E
32.78'
L2
N00020'28"W
2.00'
L3
N89039'32"E
35.00'
L4
S00020'28"E
2.00'
L5
S89039'32"W
35.00'
PRIVATE STORM
W.& S.S.E. ENCROACHMENT
0.002 OF AN ACRE
70 SQ. FT.
/\L2 L3 30' W" S.S. & D.F.E.
IA INST. NO. D212047132,
- __ L5 __-- -- — _ _ _ ___O.P.R.T.C.T.
- w w w .. EXISTING w -- W
P.O.B.I
SS EXISTING
---- SS
1/2" CIRF "TOPOGRAPHIC"
1 ' FROM WHICH A -
\iii��---"' BENT 3/4" IRE IN CONCRETE BEARS
I S45013'38"W, 0.59' - -
LOT 1
QUAIL GROVE ADDITION WHITE SWAN PLACE
PHASE 1 (5)' R.O.W.)
CABINET A, SLIDE 10613
P.R.T.C.T. I
4NOTES LEGEND
w-
I
I. ORIGINAL DOCUMENT SIZE: 8.8- X I I °
PROPOSED EASEMENT
2, ALL BEARINGS, DISTANCES, AND COORDINATE VALUES CONTAINED HEREIN ARE
ENCROACHMENT
CRID BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL
PRIVATE STORM
3. c'GATIONSURVEY Is MADE ONLZONE 4202. U.S. FEET, NORTH TO ITHE LO CAN DATUM
OF THIS EASEMENT
— ADIT OINER LINE.
W. & S.S.E. ENCROACHMENT
ENCROACHMENT IN SURVEYN TO THE EVIDENCE FOUND DURING A FIELD
MADE ON THE GROUND, UNDERMYSUPERVISION. THIS CERTD7CATION13LIMTED
EASEMENT
LOT 2 BLOCK 1
THOSE PERSONS OR ENTITIES SHOWN ON THE FACE OF TIM PLAT AND IS
I
NON -TRANSFERABLE, AND MADE FOR THIS TRANSACTION ONLY.
W BURIED WATER
PINNACLE HARMAN ADDITION
1. ADJNER& wN FOR INFORMATIONAL PURP06®ONLY.
INSTRUMENT NO. D221229334
POBo PLACE OF BEGINNING
& W&S.S.E.=WATERANDSANITARYSEWEREASEMENT ---
--- SANITARY SEWER LINE
7. DEED RECORDS, TARRANT COUNTY, TEXAS
� IRON ROD FOUND (IRF) NOTED)
O.P.R.T.C.T.
O.P.R.T.C.T.
O.R.T.. T.C.T. TEXAS
& O.P.R.T.ACHED
(AS
li 1
B. SEE ATTACHED OF 2 FOR EASEMENT ENCROAASED Nf
SHEETLPUBLIC REASENEENTE ENCROACHMENT
ACHMECOUNTYIDES
UTILITIES
10. UNDERGROUND UTB.ITIES SHOWN HEREON ARE BASED ON VISIBLE EVIDENCE
VISIBLE E
® CALCULATED CORNER
OBSERVED DURING THE COURSE OF A FIELD SURVEY AND/OR ENGINEERING PLANS.
THIS SURVEYOR MARES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN
) STORM DRAIN MANHOLE
DATE:
COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED.
09/27/2023 DRAWN BY:BWM
THIS BURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES®
SANITARY SEWER MANHOLE
FILE:Elaowx�I pr t;�uEuT2or SHEET:1OF2
SHOWN HEREON ARE THE EXACT LOCATION INDICATED. TH6 SURVEYOR HAS NOT
�CAILYWCATEDTHEUNDERGROUNDV7BTI�S
CONCRETE
n
EXHIBIT "A"
EASEMENT ENCROACHMENT DESCRIPTION:
BEING A TRACT OF LAND IN THE J. WALKER SURVEY, ABSTRACT NO. 1600, TARRANT COUI\=, TEXAS, AND BEING PART
OF LOT 2, BLOCK 1 OF PINNACLE HARMON ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,
TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NO. D221229334, OFFICIAL PUBLIC RECORDS
OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 2 AND THE EAST LINE OF LOT 22X, BLOCK 27 OF PRESIDIO WEST,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
RECORDED IN INSTRUMENT NO, D216078354, O.P.R.T.C.T., FROM WHICH A 1/2" IRON ROD WITH A CAP STAMPED
"TOPOGRAPHIC" FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 2 AND THE SOUTHEAST CORNER OF SAID LOT 22X
AND BEING IN THE NORTH LINE OF LOT 1, BLOCK 6 OF QUAIL GROVE ADDITION, AN ADDITION TO THE CITY OF FORT
WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, SLIDE 10613, PLAT
RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.) BEARS SOUTH 0°20.28" EAST, 32.78 FEET;
THENCE NORTH 0020'28" WEST, WITH SAID WEST LINE OF SAID LOT 2 AND SAID EAST LINE OF SAID LOT 22X, A DISTANCE
OF 2.00 FEET TO A POINT FROM WHICH A 1/2" IRON ROD WITH A CAP STAMPED "TOPOGRAPHIC" FOUND FOR THE
SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 2 AND THE NORTHWEST CORNER OF SAID LOT 2 AND BEING IN THE
EAST LINE OF LOT 23, OF SAID BLOCK 27, BEARS NORTH 0°20'28" WEST, 141.77 FEET;
THENCE OVER AND ACROSS SAID LOT 2 AS FOLLOWS:
NORTH 89'39'32" EAST, A DISTANCE OF 35.00 FEET TO A POINT ON THE EAST LINE OF A 35' WATER A D SANITARY
SEWER EASEMENT, AS RECORDED IN INSTRUMENT NO. D221229334, O.P.R.T.C.T.;
SOUTH 0'20'28" EAST, WITH SAID EAST LINE OF 35' WATER AND SANITARY SEWER EASEMENT, A DISTANCE OF 2.00
FEET TO A POINT;
SOUTH 89°39'32" WEST, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.002 ACRES
(70 SQUARE FEET),
Y
A
n
co ob°o cD
,FORREST Ca hANCE„
6809
�►aa°
SUP
_ __-CE, R.P.L.S. NO. 6809
SURVEYED ON THE GROUND: 04/28/2022
4 NOTES:
1. ORIGINAL DOCUN= S17,E; 8.3"KI1'
PRIVATE STORM
ALL aF.l.R1NGs, nLSrANC£$, ACREAGES AYL CnORDLtlp,TE VA1,UES CONTALVLD I£RTIN
W. & S.S.E. ENCROACHMENT ZO���Z;�s� �.NQR � ,CAND TUM1993. �ORTHGt1�1A
LOT 2, BT O CX I 3 SEE AVACNED ERIIIBIT 'A' 51{EET 1 OF 2 MR EASEMENT E NCROACHMU9T MAP
PINNACLE HARMAN ADDITION
INSTRUMENT NO. D221229334 TTWOGRHI�
O.P.R.T.C.T. LOYALTY INNOVATION LEGACY
481
TELEPHpf�tF-
)ATE: 09/27/2023 DRAWN BY:$WNl wIN5COTT RO B6,S7�DO' . FAX OOK.TEXAS 76126
744-75-14
TEXAS FIRM REGISTRATION NO. 10042504
'ILE:: _Ill AN{ f Ed�IV 1 2 2? SHEET: 2 OF 2 wVVVV.TOFOGRAPHIC.COM
EXHIBIT C
Certificate of Insurance
Tier I1 Easement Encroachment Agreement Page 12 of 12
Revised 12/2022