HomeMy WebLinkAboutContract 61046Date Received: 3/6/2024
Time Received: 7:10 a.m.
Record Number: PN24-00014
City Secretary No.: 61046
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 HStrand, LLC, a(n) Texas limited
liability company ("Licensee"), acting by and through its Member.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 8900 Creek
Run Road, Fort Worth, Texas 76120 ("Property"), as recorded in Deed Records as being
Lot 2R2, Block 2, of Cottonwood Village Addition, an addition to the City of Fort Worth,
Tarrant County Texas, by Instrument Number D221136089, in Tarrant County, Texas,
and;
WHEREAS, the City owns or has an interest in a public utility, and sanitary
sewer easements (the "Public Property") adjacent to the Property, and as recorded in the
deed records of Tarrant County by instrument number D223225865; 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
OFFICIAL RECORD
Tier H Easement Encroachment Agreement CITY SECRETARY Page 1 of 12
FT. WORTH, TX Revised 12/2022
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a water line, and storm water 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 "A."
Z.
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 I1 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.
b.
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 11 Easement Encroachment Agreement Page 3 of 12
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 "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.
0.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees: The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier II Easement Encroachment Agreement Page 5 of 12
Revised 12/2022
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier 11 Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
Dalton Barrel/
Dalton Harrell (Mar 5, 2024 15:46 CST)
By,
D.J. Harrell, Director of the
Development Services Department
Date: M a r 5, 2024
FORro�°a
ATTEST: _pO
Fo
Q OVo �=G
Qpa4Il�oA°54bq.
Jannette Goodall,
City Secretary
Date: Mar 6, 2024
Licensee:
HStrand. LLC
a Texas limited liability company
By:
Flame: Omer Selim Hicsonmez
Title: Member
Date:
Approved As To Fonn and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Mar 4, 2024
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.
Ren
becca Owen (Mar4, 2024 13:58 CST)
Date: M a r 4, 2024
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH. TX
Tier 11 Easement Encroachment Agreement Page 7 of 12
Revises! 12L2022
r:I, w��w �■ �r�es�r rr rr r�;r r<r� 0 r►11 a r<r� rr rr rlrr Ihm "
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 5th day of
March , 2024.
K auG
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
o�PRva�A/ KATHLEEN BRADFORD
z Notary Public
* • STATE OF TEXAS
GV Py Notary I.D. 12197197
�'FoF My Comm. Exp. Apr. 12, 2027
. _
Page 8 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
`j�,xil15 , on this day personally appeared Omer Selim Hicsonmez, Member (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 HStrand LLC, a Texas limited Liability
Company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23 day of rtOYW�` V'� ,
2024.
6'�j.
� W(qx
Notary Public in and for the
State of Mw
Tier It Easement Encroachment Agreement
a
CLAIRE WADE
Notary Id #132100457
My Commission Expires July 24, 2027
Page 9of12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier 1I Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
Ex Y1 IX YN IX61 IX !'tl tl[ TW 4 a'+I' -
CREEK RUN ROAD
t�+w+Tc s'ac;-1 EXISTING 15' UTILITY EASEMENT
VOL 38B-166, I 70
O,P.R-T.C.T.
�s-�: ,ria a +ram IX a a ,i ss re of ire v iYss
EXISTING 12" SANITARY
SEVER (X-003C7) PROP. 1 STORY
BUILDING
15.300 SF R
� li
PRq.�ECf SfTE
U
LOCATION MAP
%
L , BLOCK 2
COTTONV=D W000 VILLAGE ADDITION
INSTRUMENT NUMBER 0211207741
P.R.T.C.T
°W F� 27
LMST1NG 15' UTILITY EASEMENT
\ VOL 3EE-15B. PG. 7C
O.P,R.L.C,T -
EXISTING 12' SANITARY
SEvvER EX-09307)
PROP. 2"WATER
A +
R PROP. 1a" STORM
I�?�-.....A
;ENCROACHMENT AREA
EX.
!! '
1111 I
�R
I�
I l ii
yeEEf n l°Hl tlM�I EM11061 4
uwal:s' e950 [REEF wlµ Roan I �1�
I>:ST e1:STATE WR WOR H. EMRS l lil rEAM8000 FNOCREEK
RLINRFXPAAD ENCROACHMENT EXHIBIT rL
wcv� s: • BB00 CREEK RUN ROAD
A RJa Enoch
I sent: V.m.
IPROP. GRADE
I
v
PROP. 2" WATER
i�
r EX. 12" SEWER
WATER ENCROACHMENT
PROFILE
N.T,S
sir Imp 1+Ekoc.
PDORE4•. N50 (XE[ RI1N �w
I[m.srA�, war waanyrou5 I TFAM ENOCH EXPANSION
ON
1.
W� ' Enoch SBOOCREEK RUNROAD
J % E f.,N.
PROP. GRADE
�n
s• i
PROP. IS" STORM
r EX. 12" SEWER
STORM ENCROACHMENT
PROFILE
N.T.S
ENCROACHMENT EXHIBIT rL'
.wE: ems'
LINE TABLE
NO.
BEARING
LENGTH
L 1
S00004'44"W
6.50'
L2
S00004'21"W
12.73'
L3
WEST
15.00,
L4
N00004'21"E
12.76,
L5
S89055'16"£
15.00,
ENCROACHMEN
0.004 ACRES
191 SQ. FT.
LOT 2R2-1, BLOCK 2
COTTONWOOD VILLAGE ADDITION
INSTRUMENT NO. D223225865
O.P.R.T.C.T.
SCALE 1" = 30'
0' 15, 30'
In
CD00
EO
N
N
eM
N
IN!Ca
T
°z 1
E;
Ed
`n
Ili � E+ C7
�a
LS
t
� a
L3
a
ITT
LOYALTY INNOVATION LEGACY
481 WINSCOTT ROAD, SIE. 200 - BENBROOK, TEXAS 7812B -
TELEPHONE, (817) 744-7512 -FAX ISM 744-7554
TEXAS FIRM REGISTRATION NO. 10342504
WWW.TOPOGPAPHIC.COM _
LOT 1, BLOCK 1
THE LINKS AT WATERCHASE
CAB A, SLIDE 5914
P.R.T.C.T.
1/2" IRFC STAMPED
"LANDES"
0 0
- P.O.B.I
"--PROPOSED 2"
=� WATER LINE
-PROPOSED 18"
STORM LINE
1 !
d, U
�iW E-E
W 04
O
EXISTING
BUILDING
w
LEGEND
NOTES
ENCROACHMENT
I.
ORIGINAL OCCUA�AN [COORDINATE
PROPOSED
' / /
LOCATED ON A PART OF
aB.A p VALUES CONTAINED
HEREIN ARE GRID BASED UPON THE TEXAS STATE PLANE COORDINATE
ENCROACHMENT
_ _ ADIOINER LINE
LOT 2R2-1, BLOCK 2
SYSTEM, NORTH CENTRAL ZONE 4202. U.S. SURVEY FEET. NORTH
AMERICAN DATUM ion.
EASEMENT
COTTONWOOD VILLAGE ADDITION
3
N IS MADE ONLY TO THE LOCATION OF THIS
ENCROACHMENT IN RELATION TO THE EVIDENCE FOUND DURING A
METAL FENCE
INSTRUMENT NO. D223225865
FIELD SURVEY MADE ON THE GROUND, UNDER MY SUPERVISION. THIS
CERTIFICATION IS LIMITED TO THOSE PERSONS OR ENTITIES SHOWN ON
00 CHAIN LINK FENCE
O.P.R.T.C.T.
THE FACE OF THE PLAT AND IS NON -TRANSFERABLE, AND MADE FOR
THIS TRANSACTION ONLY.
_ _ g5 --- SANITARY SEWER LINE
4.
ADJOINER INFORMATION SHOWN FOR INFORMATIONAL PURPOSES
ONLY.
IRON ROD FOUND (IRF) (AS NOTED)
DATE: 01/30/2024
S,
DRAWN$Y:BWM e.
= PLACE OF BEGINNING
-DR
D.R.T.C.T.=DEED RECORDS,TARRANTCOUNTY, TE%AS
® CALCULATED CORNER
FILE:r' c�oL nE iM _cl
SHEET:1 OF 2
7.
8.
O.P.RT.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
BEE ATTACHED SHEET 2 OF 2 FOR ENCROACHMENT DESCRIPTION.
O$ SANITARY SEWER MANHOLE
r
�
ENCROACHMENT LEGAL DESCRIPTION:
BEING A PART OF LOT 2R2-1, BLOCK 2, COTTONWOOD VILLAGE
ADDITION TO THE CITY OF FORT WORTH, AS SHOWN ON THE PLAT
RECORDED IN INSTRUMENT NO. D223225865, 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 EAST LINE OF A 15' UTILITY EASEMENT AS
SHOWN ON THE PLAT RECORDED IN VOLUME 388-166, PAGE 70, PLAT
RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.), BEING S 00`04'44" W,
A DISTANCE OF 6.50 FEET FROM A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "LANDES" AT AN INSIDE ELL CORNER OF SAID LOT 2R2-1,
WHICH IS ALSO THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, THE LINKS
AT WATERCHASE, AS SHOWN ON THE PLAT RECORDED IN CABINET A,
SLIDE 5914, P,R.T.C.T,;
THENCE CROSSING SAID LOT 2R2-1 AND ALONG THE EAST LINE OF SAID
15' UTILITY EASEMENT AS FOLLOWS:
S 00°0421 " W. A DISTANCE OF 12.73 FEET TO A POINT;
WEST, CROSSING SAID I T UTILITY EASEMENT, A DISTANCE OF 15.00
FEET TO A POINT IN THE WEST LINE OF SAID 15' UTILITY
EASEMENT, ALSO LOCATED IN THE EAST LINE OF A 5' SANITARY
SEWER EASEMENT AS SHOWN ON SAID PLAT RECORDED IN
INSTRUMENT NO. D223225865, O.P.R.T.C.T.;
THENCE N 00°04'21" E WITH THE COMMON LINE BETWEEN SAID 15'
UTILITY EASEMENT AND SAID 5' SANITARY SEWER EASEMENT, A
DISTANCE OF 12.75 FEET TO A POINT;
THENCE S 89°55'16" E, CROSSING SAID 15' UTILITY EASEMENT, A
DISTANCE OF 15.00 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 0.004 ACRES (191 SQUARE FEET) OF LAND.
OF
v
Llzi
■ , .......................
r0 5371
O ; es s vo°*^�O
S. RIK DUMAS, R.P.L.S. NO. 5371
SURVEYED ON THE GROUND: 11/16/2023
*`
a
NOTES:I.
ENCROACHMENT
ORIGAL
2. ALL BEARINGS. DISTANCES, ACREAGES AND COORDINATE VALUES CONTAINED HEREIN
LOCATED ON A PART OF
ARE GRID RASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL
ZONE (4202), U-S. SURVEY FEET, NORTH AMERICAN DATUM 1983.
LOT 2R2-1, BLOCK 2
3, SEE ATTACHED SHEET I OF 2 FOR ENCROACHMENT MAP.
COTTONWOOD VILLAGE ADDITION
INSTRUMENT NO. D223225865
TTOMGMMC
O.P.R.T.C.T.
LOYALTY INNOVATION LEGACY
DATE: 01/30/2024
DRAWN BY:BWM
481 WINSCOTT ROAD, Ste. 200 - BENBROOK, TEXAS 76128
TELEPHONE: (817) 744-7512 • FAX (817) 744-7554
TEXAS FIRM REGISTRATION NO. 10042504
FILE:EFCnNW01ALrtEKWlUrA
SHEET: 2 OF 2
lAWN.TOPOGRAPHIC COM
rA-
EXHIBIT B
Franchise Utility Letters
Tier 11 Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
TMOS
energy
February 9, 2024
Austin Toussaint
Flanagan
Re: Encroachment into Utility Easement-8900 Creek Run Road
Autin Toussaint,
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,
Bobby Oney
Project Manager
Atmos Energy Corporation
100 West Morningside
Fort Worth, Texas 76110
at&t
February 26, 2024
RE: Tarrant County — 8900 Creek Run Rd, Fort Worth, Texas
Cottonwood Village Addition
Lot 2R2-1, Block 2
15-ft Utility Easement Encroachment Request
AT&T Texas
Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 15-ft utility easement along
the northeast side of the properties, Southwestern Bell Telephone Company, d/b/a AT&T Texas,
has no objections to the requested encroachment for a waterline as shown on the attached sketch.
Plat found in Tarrant County Clerk File Recorded as Document Volume 388-166 Page 70.
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.
There are currently underground facilities within the area. Pipe installation must meet the
standard three (3) ft of separation from existing facilities. 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.
Sincerely,
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
� m
Ex 8'W Ex 8'W Ex 8'w Ex B'w
CREEKRUNROAD
_ S A— I - EXISTING 15' JTILITY EASEMENT
VOL. 388.166, PG. 70
O-P.R.T.C.T.
y" rl( 12 ex 12'SS I ZSS Ex 17'S5
EXISTING 12' SANITARY SEWER
(X•0e307) PROP. 1 STORY I `
` BUILDING
\ 15,300 SF \\
LOT 2R2-1, BLOCK 2 I PROP. 2" WATER
COTTONWOODVILLAGEADDITI0N g -�!
INSTRUMENT NUMBER 6211247743 m,
P.R�T.C.T PROP_ 1'I STORM` 4
r ENCROACHMENT AREA
EXISTING I F UTILITY EASEMENT
VCL. 388.166, PG. 70 r
` O. P.R.T.C.T. 1 0
\ \ EX. 1 STORY f' `
BUILDING I
EXISTING 12" SANITARY SEWER l l l
(X•00307)
ENCROACHMENT EXHIBIT FLANAGAN ,
TEAM ENOCH Fort W.1h. Texas I P!940.327.79631 Aanagan-Is.cam I TBPE Firm N. 22910
C-m t R— Flanagan. P E
FORT WORTH, TEXAS SCALE: 1"=80' Date: 212612024
Austin Toussaint
From: Thomas, Jim <Jimmy.Thomas3@oncor.com>
Sent: Thursday, February 22, 2024 8:02 PM
To: Austin Toussaint
Cc: Hays, Lydia
Subject: Encroachment Request within a 15 ft. PUE / 8900 Creek Run Road, City of Fort Worth,
Tarrant County, TX / PT # 2024 - 1069
Attachments: Encroachment Exhibit Prof iles.pdf_safe.pdf; 00000889.TIF; 00000890.TIF
External aimmy.thomas3@oneor.com)
Re ort This Email FAQ GoDaddy Advanced Email Security Powered by INKY
Good morning Mr. Toussaint, in response to your email dated February 9th, 2024, Oncor Electric Delivery has no
objections to the encroachment of the "18 inch storm drain line and 2 inch water line" within the platted 15 ft. platted
utility easement as originally recorded by plat in Volume 388-166, Page 70, DRTCT. Also, being part of Lot 2R2-1, Block 2,
Cottonwood Village, an addition to the City of Fort Worth, Tarrant County, Texas, according to the re -plat recorded by
Instrument No. D211207741, Official Public Records, Tarrant County, Texas and as shown on the attached Exhibit A.
PT:2024-1069
Should you have any questions please feel free to contact me directly.
Thank you.
Drive safely and have a great day.
Jim Thomas, SR/WA
Senior Right of Way Agent
Oncor Electric Delivery Company LLC
777 Main Street
Suite 707
Fort Worth, Texas 76102
(817) 215-6639 (FTW ofc)
Jimmv.Thomas3nOncor.com
Oncor Electric Delivery
Margaret Lein
ROW Supervisor Distribution Support
C: (469) 261-5590
Email: Maraaret.LeinC&Oncor.com
From: Austin Toussaint <austinPflanaeands.com>
Sent: Wednesday, February 21, 2024 9:34 AM
To: Thomas, Jim <Jimmv.Thomas3@oncor.com>
Cc: Reece Flanagan <reece fianagan-Is.com>
Subject: RE: 8900 Creek Run Road Franchise Utility Letter
Sounds good Jim. if there is any way that can be expedited, we would greatly appreciate it. This is the only thing holding
up our permit so the sooner we can get it, the better.
Thank you,
Austin Toussaint
FLANAGAN
Dallas i Fort Worth j Waco
Office 719-237-7541
From: Thomas, Jim <Jimmv.Thomas3@oncor.com>
Sent: Wednesday, February 21, 2024 9:28 AM
To: Austin Toussaint <austinC@(Ianaaan-Is.com>
Subject: 8900 Creek Run Road Franchise Utility Letter
Good morning Austin, I have received your encroachment request which will need to be reviewed by an Oncor Utility
Designer for approval. Please allow 2-4 weeks for the field reviewed to be completed. Once I have heard back from the
Oncor Utility Designer I will inform you if your request has been approved or not. Shoufd you have any questions please
contact me directly.
Thank you,
Drive safely and have a great day.
Jim Thomas, SR/WA
Senior Right of Way Agent
Oncor Electric Delivery Company LLC
777 Main Street
Suite 707
Fort Worth, Texas 76102
(817) 215-6639 (FTW ofc)
Jimmy.Thomas3 nQnconcom
Oncor Electric Delivery
Margaret Lein
ROW Supervisor Distribution Support
C: (469) 261-5590
Email: Mafparet.Lein@Oncor.com
From: Austin Toussaint <austin@flanagan-Is.com>
Sent: Tuesday, February 20, 2024 8:44 AM
To: Thomas, Jim <Jimmv.Thomas3@oncor.com>
Cc: Reece Flanagan <reece@flanagan-Is.com>
Subject: RE: 8900 Creek Run Road Franchise Utility Letter
Good morning Jimmy,
Checking in to see if you can send me that letter of approval for this encroachment?
Thank you,
Austin Toussaint
FLANAGAN
Dallas I Fort Worth I Waco
Office 719-237-7541
From: Austin Toussaint
Sent: Thursday, February 15, 2024 12:15 PM
To: `iimmv.thomas3@oncor.com' <limmv.thomas3@oncor.com>
Cc: Reece Flanagan <reece(@flanagan-Is.com>
Subject: RE: 8900 Creek Run Road Franchise Utility Letter
Here is the same thing with the profiles.
Thank you,
Austin Toussaint
FLANAGAN
Dallas i Fort Worth I Waco
Office: 719-237-7541
From: Austin Toussaint
Sent: Thursday, February 15, 2024 11:49 AM
To: iii-nmv.thornas3@)cncor.com
Cc: Reece Flanagan <reeceCa flanagan-Is.com>
Subject: FW: 8900 Creek Run Road Franchise Utility Letter
Hey Jimmy,
See attached for what we just talked about on the phone.
Thank you,
Austin Toussaint
FLANAGAN
Dallas I Fort Worth I Waco
Office 719-237-7541
From: Austin Toussaint
Sent,: Friday, February 9, 2024 8:22 AM
To. Ivdia.hays@ancor.com
hama53
Cc: Reece Flanagan <reece@flanagan-Is.com?; iimmv.t@oncor.com_
Subject: 8900 Creek Run Road Franchise Utility Letter
Good morning Lydia,
We are currently going through the encroachment process of Fort Worth, and we need a letter from you stating that
Oncor does not abject to the encroachment that we are proposing. See attached for an exhibit showing the small
encroachment of the sanitary sewer easement. Please let me know if you can provide me with this letter, or who I
should reach out to, to help me.
Thank you,
Austin Toussaint
FLANAGAN
Dallas I Fort Worth I Waco
Office: 719-237-7541
Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information
intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading,
dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you
have received this message in error, please notify the sender immediately by reply message and delete this email
message and any attachments from your system.
Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information
intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading,
dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you
have received this message in error, please notify the sender immediately by reply message and delete this email
message and any attachments from your system.
Spectrum*
2/13/2024
Austin Toussaint
Flanagan
5049 Edwards Ranch Road
Fort Worth, Tx 76109
SUBJECT: Encroachment of 8900 Creek Run Road
Spectrum Communications hereby grants an encroachment for the purpose of a 1 story building in the
Existing 15' Utility Portion in the east easement. General Utility Easement associated with the property
located at 8900 Creek Run Road, within the City of Fort Worth Texas. 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/does not have 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,
W '
—�
Troy Hopson I Business Development SpecFalist 1 (0) 817-298-3554 Cell 682-999-2989
8545 Airport Freeway #108 1 North Rkchland Hills I TX 76180
EXHIBIT C
Certificate of Insurance
Tier 11 Easement Encroachment Agreement Page 12 of 12
Revised 12/2022