HomeMy WebLinkAboutContract 63090Date R ·ved: __ o_4/_1_6/_2_02_s __ _
Tim R • ed: __ 1_0_:s_o_a_.m_. ___ _
R cord Number: 1>N24-00195
City Secretary No.: 63090
PUBLI PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER/I
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 b and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Chick-fit-A. Inc., a Georgia
corporation {"Licensee"), acting by and through its duly authorized representati ve.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3588 Highway
114 Highway, Fort Worth, Texas 76177 ("Property"), being more particularly described
as, Lot 15, Block 3, of Champions Circle Addition, an addition to the City of Fort Worth,
Denton County, Texas, as recorded in Deed Records, by Instrument Number 2017-193;
and
WHEREAS, the City owns or/and has an interest in a public utility easement (the
''Public Property") located within the Property, dedicated by plat, depicted on the final
plat of the property (FP-15-080), which plat is recorded in the plat records of Tarrant
County as Instrument2016-2082; 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 bel ow
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
Tier ll Easement Encroachment Agreement Pago 1 of 13
Updated 2024
c�,up}� a port�on of the C�ry's F'ubl�c I'roperty as descr�bed in and at the location shown
on Exhibit "A," twt only to the extent shown thereon, for the purpose of construding,
�nstall�ng, and maintaining private canopies (the "Encroachment"). Upon completion of
the Encroachment, Licensee agrees to be responsible for maintaining the Encroachmerit
within the Public Property. Licensee sha11 not expand or otherwise cause the
Encr�oachment to further infringe in or on the Public Property beyond what is specifically
desaibed �n Exhibit "A" without obtaining City's prior written consent, which shall not
be unreasonably withheld, conditioned or delayed.
�
All o�nstruction, installation, maintenance, and operation of the Encroachme�t
and the use or occupancy of the Public Property shall comply with and be performed in
strict oompliance with this Agrcement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licen.see shall submit all plans and specifications to the Director of the Developmerrt
Services Department or duly authorized representative. Licensee shali not commence
co�truction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agrcement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relor,ation and installation of any existing or futwe 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 Ezhibit "B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Te;xxas 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 constructsd by or on
behalf of the public or at public expense is made more costly by virtue of the
construdioq 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
determine� by the Diredor of Transportation and Public Works, the Director of the Water
Department, the Director of the Development Services Departmeat, or their duly
authorized represe,ntative.
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 responsibitity or liability for any damages
related to the Encroachment resulting from the City's use of the Public Propecty;
however, the City shall make reasonable ei%rts to minimiae such damage.
Ticr II F.aserner�t Ericroachmant Agreernent
Pago 2 of 13
Updntod 2024
�
Upon termination of this Agreement, Licensee shall, at the option of and at no
eacper►se to tfie City, remove the Encroachment and restore the Public Property to a
condition aoceQtable to the Direcior of Transportation and Public Works, the Director of
the Water Department, the Direcior of the Development Servic.es Department or their
duty authonzed representative. Any such removal of the Encroachment shall be in
a000rdance 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 structwes from the Pubiic Property, to
restore the Public Property , and to assess a lien on the Property for the costs eacpended by
the Ciry in raking such acbions.
6.
In order w defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, mainteoance, inspection or
managemem of the Encroachm�t and use of Public Property as provided for by this
Agrcement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of One Thousand Twelve Dollars snd Fifty Cents
(S1,012.50).
7.
The t.errn 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 Agr�nent
Notwithstanding the foregoing, prior to terminating the Agrcement, the City shall notify
Licer�see in writing of any such noncompliance and if Licensee do�s not cure the
noncompliance within thirty (30) days of notice from City, the City may terminate this
Agre�rnent However, the City may, at its sole option, allow the Ageement to remain in
ef�'ect so long as Licensee has taken reasonable measures to cure the nonoompliance or is
conUnuing to diligently attempt to remedy the noncompliance.
8.
It is further understood and agreed betwcen the parties hereto that the Public
Property to be used and encroached upon is held by City as tnutee for the public; that
City eacercise.s such powers over the Public Property as have been delegated to it by the
Constitution of the State of Texas or by the Teuas Legislatwe; and that City cannot
contract away its duty and its legislative power to control the Public Property for the use
and ben�t of the public. It is accordingly agreed that if the goveming body of City may
at any time during the term hereof determine in its sole disc�etion to use or cause or
permit the Public Property to be used for any other public pwpose, including but not
Tier II Easernent Fncroechment Agreement Page 3 of 13
Updatod 2024
t�emg limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
p�esently oontemplated 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 INDENINIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUTTS 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
W TTH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF 'I'HE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETAER 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 CTTY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILTI'Y AND SAALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WI'TH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR ONIISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effe�t, Licensee agrees to furnish City with a
Certificate of Inswance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability inswance covering all public risks related to the
proposed use and occupancy of public property as located and described in Eihibit "C."
The amounts of such insurance shall be not less than
S 1,000,000
with tfie 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
immediaiely 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
E�ibit KC" and incorporated herein for all purposes. Licensee agrces, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
Tier II F.asement f'sncroachment Agrecrnent Page 4 of 13
Updated 2024
liab�lity insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
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 Agreerr�ent 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 agrces to pay promptly when due all fces, 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, licensces, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employee,s, contractors, and subcontractors, and nothing herein shall be
construed as creating a parmership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the pur�pose
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 propert}+.
Tier II F.aaerncnt Encroachmenl Ag�t Pa�,te S of 13
Updntod 2024
l6.
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 Agre�ment.
18.
Licensee covenants and agree.s that it will not assign all or any of its rights,
privileges, or duties under this Agre�ment 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 sizty (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.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
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.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
Tier !I r.asement F�cr�oachment A.groement Pagc 6 of 13
Updatod 2024
iz.
This Ag�ment may be executed in multiple counterparts, each of which shall be
considered an onginaf, but all of wh�ch shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWIl�iG PAGE]
'�°� A�� q�,�� Pago � of 13
Updated 2024
EXECUTED to be effective on the date signed by the City's Director of
De elopment ervices Department
City:
CITY OF FORT WORIB
;Datton Hattett By: Dalton Harrell (Apr 10, 202 511:55 PDT)
D.J. Harrell
Director, Development Services Department
Date: Apr 10, 2025
A TfEST: Approved As To Form and Legality
Jannette Goodall,
City Secretary
Hye Won Kim
Assistant City Attorney
Contract Compliance Manaeer:
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 Dwe11 Rebecca Owen (Apr 4, 202514:59 CDT)
Rebecca Owen
Development Services Manager
Tier II Easement Encroachment AgJCemCnt Pago8of 13 Updated 202•
Licensee:
Chick-fil-A, Inc.,
a Georgia corporation
By:
N e: n Pociask
Title: Sr. Director
Date: M W' �/�► l/5 ���
STATE OF � r ^G
�o�oF b
0
�
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�e�, on this day personally appeared �a�ov► Po G a� k
�1(. �if�`f' (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
Vw�I��C t�'A d �Y�C� , a j�� ��,DYD l/� WI ►vil�ntity tYPe), and in the capacity
therein stated.
GIVEN UNDE���_ 1�IY HAND AND SEAL OF OFFICE this � day of
IV ��IXW' ,��'
Notary Public in and for the
State of
Tier 1J I?asement Fncroechtnent Agreemenl
\\ \������uE i S iiiii�� �i
��`��\ \P�mi88%p'��/ ��''%
' o �F� �;
' :� ��+Y 0�: =
. m � pVel�� tirQ�
% �` ''•. o ' � �
���� .6�0.2�Z�,.••'Q,�\:
. • G�O `�.
���''�,c�UNT`! `�����`� �
Page 9 of 13
Updutod 2024
�TATE 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
exacuted the same for the purposes and consideration therein expressed, as the act and
dced of the City of Fort Worth, and in the capacity therein stated_
GNEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of
April , 2025.
yv'e� 8e�ds�e-
Wendy Bear slee (Apr10, 2025 R:03 CDT)
Notary Public in and for the State of Texas
O,�qSjYp(i�/ WENDY L BEARDSLEE
z � Notary Public
* � * STATE OF TEXAS
`�yT � �� Notary I.D. 13323719-3
FoFS� My Comm. Exp. July 28, 2025
�r;a u ��► �m�� n��c
Pago 10 of 13
upascea 2o2a
EXHIBiT A
Depiction and description ott6e Encrouchm�t
Tior Ii F.+uema� � Agroaua�t Fs�e I 1 oF 13
Upd�tt�d 2024
��� Stantec
0.01 Q Acres
(414 Sq. Ft.)
16200v01 _ESMT.dwg
FIELD NOTE DESCRIPTION
Encroachment Easement
FN. No. 1720-016200-1
February 05, 2025
Job No. 1720-016200
Being a 0.0'�0 acre-tract of land being a part of Lot 15, Bbck 3, Champions Circle
Addition, as recorded in Document 2016-2082 of the Official Public Recor�ds of Denion
County, Texas; said 0.010 acres being more particularfy described by metes and bounds
as follows with a!I bearings being referenced to the Texas State PEane Coordinates
System, North Central Zone in the North America Datum 1983;
Commencing, at a found "X" on the West right-of-way line of Tanger Boulevard and tl�e
northeast comer of Lot '�6, Block 3 of said Champions Circle Addition, sarne beir�g of the
southeast comer of said Lot � 5, with a State Plane Grid coordinate of N: 7058054.60'. E:
2342697.9036':
Thence, N 84° 46' 57" W, 47.39 feet, along the common line between Lot 15 and Lot 'i6 of
said Champions Circle Addition to a point;
Thence, N 00° � 3' S7" W, 142.93 feet, into said Lot 15 to the POINT OF BEGINNING,
same being on the southwest comer of the herein described Easement;
Thence, the following courses and distances;
N QO° 13' S7" W, 78.15 feet to a point for a comer,
N 90° �0' 00" E, 5.30 feet to a point for a comer;
S 00° 13' S7" E, 78.15 feet to a point for a comer;
Thence, N 90` 00' 00" W, 5.30 feet to the POiNT OF BEGINtNG and containing 0,010
acres ( 4'!4 sq. ft.) of land, more or less.
Note: Sketch of even date to acoampany this Metes and Bounds Description.
02�os/2aZ�
� Date
Alberto Jonathan Perez
Registered Professional Land Surveyor ,�� pF rF,��
,�Q, ,.�-s•;•��.
Te�s Registration Number 5572 �: •�� � R Fo s
.4
Stantec Consuiting Services, I�c. ... : .. 'a����,
�° � 9ERT0 �0�� i�N
70NE Loop 410� suite 1116 ~� �� 6572 aP
U
San Antonio, Texas 7821C �qwo suR�����
TBPELS Frm No.: 10194228
�.�,...., .e.... �
_ �,a, �. �- --_
. _ .1�l�F� �.. py7 �M1�.; _'� �
Sl1£��
�
4r iF/ �
� �
� �
o�T w�oan+. o�ro� co�TM, r�w►a
VtCiMTY MAP
N.T.t.
i� ��' E3�' LEGEND
N L �
----_ ---_. _ � __ --
_ __ _ _ - ------- .__�_--
�) '/�' �a�Y+ am r+Ji�O /J�1F55 v0'
SCAIE: 1" = 4�� • +/�' �*a+ rtm scr .� s.�w�cc c,
[�j ca+ru�[p rpwr
BEARINC 8A515 - N.A.O- 83 �2Q11), - q� - py��AO Q[C tM
TE%AS STATE PLANE COORDINATE ►0! oduT or eccwue�,6
5`rSYTEM, CENTRAL 20NE IN U.5 pp� pqKr p► COu��[NCE�tu�
SURVEv �FET
p o � � T DFEG PU��C R[to�OS a►
DfM�dv COubtr. t[x�s
o P R o r ovnaR� oue�r� aEcwros
DFwrON COUNrv. rix�5
� ... .,
s
+ � '
1 � �/
\ � ��
�
�
L 15
BL OCK 3
CNAMP/GWS
C/RGLE ADOf AGW
DOL' ,�
2016-2082
O.P.R.D. T.
_
�
.�
�
�--
�
- _. _ �
�
I II
L2 � �
i
ENCRO�CHMEN7' £ASEAI£NT
0.010 ACR£S
414 SO. FT
�'��
P.O.�,
� I
�I
I ``` P
�� ��1 �
�� ;
M 1a' PUBUC
rn unuTr �,�ur.
nj DOC. /
� � 2016-2082
� OP.RQ-C T.-
3
i�
�
�
�
;o
�Q
:Z
LIN� DATA
LINE # BEARING Di5iANCE
Li NO'13'57"W 7815'
�2 N90'00'00"E 5.30'
L3 SO'13'S7"E 78-15'
�� N90'00'00"w 5.3a'
` Sta ntec
�.
a
"- SIOnIFJ_!�Wd�Jilv�5yr1�5kK' (BPEL$ i F-IQ48
� roNEs,op��E�s�ne�i�b tBPEtSr io�9�226
`d' SonMAortio'X762ib5093
� rd.=110) 5259090
wwi+.sianiec.com
��
47.39' /��.ac.
N 84'4S'S 7" W� r ra�o
am,uw��
CHICK-FiL-A
STOR� FSU #3752
CHAMPIONS CENTER
3588 HIGHWAY ] 14
FORT WORTH, TX 76177
Ro�ed No
����)
r�r�e
ENCROACHMENT
EASEMENT
Rsu9c� ooh
� o2ros�2a2s
R�f�r�nC� ShMt Hp�,�� Alo.
3ot3 0
i i
� 20' PUBLIC j
� UTILITY �SMT. �
.
5.3' � �
ENCROACHt�ENT E 45.5' TO PL
�
DRIVE p DRIVE�
THRU p THRU,
.� i
�- �
DRIVEWAY PARKIiVG
,r �i�o �
�—, �,
PRIVATE 18" RCP
STORMWAT�R PIPE,
+/— 626.36
��
��z
O �
�
�
� L4NE
� START
CtRCLE
(1 D{?' RQW;
LANDSCAPE SDWK �NDSCAPE �
L11�_� i.L A1 11LLl,1ii ��r
s�:
EXHIBIT A - PROFILE A-A
N.T.S.
r
�
z
�
�
THlS DOCUMENT IS NOT
FOR REGULATORY
APPROVAL, PERM[TT�NG�
OR CONSTRUCTION.
ENGNEEIt_ SiUART,WDEi�SON
DAiE: 1 / 30 / 2p2$
�/ INTERPLAN �'" �"`� CHICK-F�L•A �� �
n�i�,.��.1� ,u�r„r,� ��` r,���: im,.,�a
� l, �.�� EX H �A
CNAMPIONS CENTER
z�,e e�,+rr.,,i v�W� ste.nr,m �Sgg HWY 114 FORT WORTH, TX 7G177 ""°"'°`°°`d°`
Al.0 tvOnilE 3FkHG5 R 37JOi ���
�D7.M55001 DU7Ntt �A C1�C[mciAR
�� 7DNMltlINruE /�fl.Ccvr�Y�ea o!n �b'e Q1�cla i� ]ers�lActa et otaue f� n �aoe �ot ��� �a wsum arnrti� rv..r� rr.i.-u.M....rr.�.
�
EXHIBIT B
Franchise Utility I,etters
Tiar ii F,.��+nwot F,�ohtt�oat A�proaaap�t Prge t2 ot l�
[Jpd�led 20��
�- at&t
�
J8111i81y 2g, 2�25
RE: Denton Counry — 3588 Hwy 114, Fort Worth, Texas
Champions Circle AddiUon — Block 3, Lot 15
2Q-ft Southwestern Bell Telephone Easement Encroachment Request
ATBT Texas
Metiss�a McEyea
117 W ColixnbFa Sf
Vlkallte�d. TX 78066
In response to the request for the encroachment on a portion of the 20-ft Southwestern Bell
Telephone Easement along the East side of the property, Southwestem Bell Telephone
Company, d/b/a AT&T Texas, has no objections to the requested encroachment for a canopy as
shown on the attached E�chibit A.
Easement found in Denton Couniy Clerk File Recorded in Document Number 201�2082.
It is not the intent of this letter ta waive any nghts granted to AT&T in the easemen� or right-of-
way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on
an� across the ease�r►ent/right-of-way for insta�lation, repairs, replacement, or upgrades to
facilities.
There are currently undergroeuid facilities within the azea Exercise e�ctreme c�ution with respect
to such facilities. Contact Texas811 for underground locates before any digging is done.
Costs of any da�nages to faciiities would be at your e�cpense
Please let me know if you have any questions.
Sincerely,
��,vr'°` 1� �,l�..
Melissa McE�yea
AT&T — Manager Engincering — Right-of-Way
817-718�{355
ms2�a 1 �(�� ft Com
. i
` • r
` , t' ' _ _ - � _ ` f �- ` -� -- - - ( � � LEGENDS PitOPOSED
•} .. _ , � rw snr wr —� —
\ ` � � t wrna��t —0—
` � f - �� � � ow+[ �+ �o
� NORTH °""" —�"
----�-----�
I �..� --,�—
�rs,_•�� ' r 30' ` 4 �0' 60' rK �.... o o�
sma�.m< < i +•..e OO
�.4 r �..�_.:.: .. �e ,
� �
' � r O t,t:. _.� �:,w.,.�:,r.
b - + � ' GRAPHIC SCALE �"���.Y"."`;"�:
� i p.� .�w,� .��,�
� r r p a .�.,�, �.�..., ,.�,
� p�,_�r..,.:.._,..�t.: �..,rd„o
�__- ----- -- � ---+--
---#�— --__-------.---------------�
i ar �. . �.,� .. . . _
� � . - ��� �aiosoac.�v.eio► ....... . ..
' �ar. .a rrr-auv . . . .
ea.�a c r
1 I a� .. ,-.
s�• i �r � �
i• � �___.__------------ -----
' �- `i�"`"' I ..
1
I � �
I I I 1 •_ .
I 111 � 1 I _ _
I ' � I .
T ..
g r ! . ..
� � � X i7�C Yl�/1►�L . .
LOT IS ��� _ ,� � �
t'G�d' J . I . f7f�OPJ - .. , � . , .
OWM1t7rf'� ��� �,y 1 . M . . .
a'°coi.rt.� c'°� � 111 I i I '� ,.. ..,.,
I �
1 t 1 � I .., ..
1 � j urE (rn 1 . �
8
� 2 9.5' 9.S'� 5 s2' —105'" i ' � .., ....,..
— � ' .. _ .,
�, - �s r �sa• so�
.04M1E I .� � W , _v .. ,. .. ..
MTU� ui ,� I � .
ppw7f � f ' C ^ .
�S�MNf� lfE - { ` � . ...�• i V � , . . ` _. ' _ ..
j { `� � � h �
1 1� I[� �' EXIT. M,gC �y � . .
� �� G�S llE �
. 1 c�15 lld , J .
F J� �O�f
. � - - i � ►IMO! � / RkUC �
UMprA G�hO L / S70ih�G SE�t:
' .� �.� - ' 101RE UE % tMC
I
I
,'- ' ' I THIS DOCUMENT !S NOT
... s .,
_ � � � ' � � � � FOR REGUtATORY
i ~ - � APPROVAL, PER�TTING,
_ F � /-��, � � OR CONS�RUCiION.
� ihQVfHt: 51UA#F ANDHtSON
� �
+ o�re ia r z' r x1•
z ��, � ��- : i.. EXHI�IT A
� � � _� � �
f _�.��_ --
rf INT�LAN �� �� 'r � �� �=�
� �µ-, � CHICK-FIL-A �. ��
G����►� CE�R 4� ��.,�. .� EX H-A�
L/+k LeM'EHI[Mf p�@7) 3588 HWY I 14 FORT WORtH. IX 1b177 '�,�"
�vJ+�."YR � l 4. �iq�
N4e:JC06 .RaN. v� :HtC�ftRan,;
,r.,7,.�r c� t.H ^7^A� � : ryPr�:t1'7M � T !�7/bePf �Yr ��il UX WM �0 rT'A►J'N %0� �fr,'M'GP�{ .sl' ePl M+�{7 Rn�7•rCFT9C�^)UC� 47J' `+l*^. `K ^L�1fi:'
.�TMQS
ene rgy
Decembcr 9, 2024
Chris Sanchez
Interplan LLC
220 E Central Expressway, Suite 4000
Altamonte Springs FL 32701
Re: Encroachment into Utility Easement-Chick-fil-A-3588 Highway 114,
Fort Worth, Texas, 7617?
Upon your request I have reviewed the location of the gas facilities near
your pi•oject 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,
Bobb ney
Project Manager
Mr�w. s�erw c«vor.ifo�
100 W� Mwniiy�We
Fort Wo�, T�s T6110
Chris Sanchez
From:
Sen�
To:
Sub ject
Attachrnents:
8etancur, Ally <Allysa.Betancur@oncor.com>
Wednesday, January 15, 2025 4:43 PM
Chris Sanchez
2024-7233 3588 Highway 114 — Encroachment
2024.10.14 Exh.Easement Agreement.pdf safe.pdf; 2024.10.14 Exh.Easement PROFILEpdf safe.pdf
Follow Up Flag: Follow up
Flag Statu� Flagged
Good afternoon Chris,
I was able to get supervisor review of this request ancf although Oncor does have facilities that run along the froot of the
property at 114 this area is served by Texas Electric Co-Op so you would also need to reach out to them to see if they
have any objections to this encroachment.
You requested to c�nstruct a Drive- thru Cenopy at Lot 15 Block 3 of Champans Circle Addition an addition to the city of
Fort Worth as recorded in Doc. #2016-2082 O.P.R.D.C.T commonly known as 3588 Highway 114 Fort Worth, Te�cas
76177. A portio� of the proposed canopy will be 5.3 feet into a 20-foot public utility easement. User may locate the
Encroaching Faality in tt�e right of way area as described in Exhibit A(attache�. Oncor has no objedions fo this
encxoachrnent.
Best,
Aliy M. Betancur � Right of Way Analyst
� Oncor Electric Delivery Company LLC
��j � Distribution Engineering
�`' • ; 777 Main Strcet Suite 707 � Fort Wordi, TX 76102
: Supervisor � mar�,raret.lein(g�oncoccom
j O: (81'� 215.530Z � allysabetancun'�gioncor.com
From: Chris Sanchez <CSanchez interplanllc.com>
Sent Friday, December 6, 2024 9:08 AM ^
70: Betancur, Ally <Allvsa.Betancur@oncor.com>
Cc: Thomas, Jim <.limmv.Thomas3(�oncor.com>
Subject: Chick-fil-A Easement Encroachment Permisslon
�•• . .
we are requesting pemniss�on an� a consent letter ((n your company'� lettefie�d) tar an �em�nt t�ncro�e.�ent hx
the Chick-fil-A located at 3588 Highway 11k, Fort Worth. TX 76177.
Spectrum►
February 10, 2025
SUBJECT: Encroachment at 3588 Highway 114, Fort Worth, TX '1617'�
Spectrum Communications hereby gra�ts an encroachment far the purpose of buifding into
portion of the lltility Easement associated with the property located at 3588 Highway 114, Fort
Worth, TX 76I77. Spectrum Communications reserves the right to have access to any other
applicable uti}ity easements on the properly for the purpose of future construction or
maintenance. The owner and/or lessee of said property may also be responsible for tt�e
relocation/rerr�ovaf of any structure interfering with access to these easements, if necessary.
Spectrum Communications currently has no facilities within this easement. If it has not alreacfy
taken place, please call 1-800-DIG-TESS to ha�e facilities marked and located within affected
easements before any excavations are started.
For future reference, please send a11 utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices af relocation to DL-NTX-Exterrtal-�iequests <DL-
NTX-External-Requests@charter.com>. Please share this information with whoever needs
these services.
Sincerely,
� � ����►
� -
John Janusik � Business Development Specialist
1776 N Greenville Ave � Richardsan, TX 75081
Email: iohn ianusik,c�,charter.com
Office� 214.319.4904
Mobile: 214.724.5815
EXNIBIT C
Certific�te of InsurAnct
Tior U F.t�amout ''L�oroiabmoAt A�k Paga 13 of t3
ilpd�ood 2021
ACO w CERTIFICATE OF LIABILITY INSURANCE
DAYE (MWDD/YYY1I)
0?1�7�202�
7HIS CERTIFICAlE [3 FSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGFfT3 UPON THE CERiIFlCATE F10LDER. THFS
CERTIFlCATE DOES MO� AFFIRMATIVELY OR NEGATiVELY AMEHD, EXTEN� OR ALTER THE COVERAGE AFFORDED BY YHE POLiCIE3
BE�OW. TNl5 CERTIFlCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER�S), AUTHORIZEO
REPRESENTATiVE OR PRODUC�R, AND THE CERIIFICATE HOLDER.
IMPORTANT: If Me certiflcate holder is an AD�ITIONAL INSURED, the policy(ies) must have ADDRIONAL IM3URED proviabns ar be endorsad_
If SIIBROGA710N IS WAIVED, subject to the Mrms and condiNons of tMe pdicy, certaln policbs may requiro an endorsement A statement on
thls certtfFcate does not confer rights to the certfticate fiolder in Ileu of such endorsemerrt[sl.
P�loot/CER
MARSli
7W0 A�W4NCE CENTER
3560 LENOX ROAD. SIIITE 2400
ATUNTF� GA 30326
Attri Atlarda CertR�MasA cort� FAX 212918-1321
CN 101 �06886C'AR P1',A W U-25-26
� l-A. IA1C
520D BUFFlNGTON ROAD
ATLAMA. GA 3(�49
A=
D:
AFFORDMFG
�:�
, �:<r
WA
COV@iAGES CERTIFICAlE NUMBER: A7�-oos.969a50-oo REVISION NUMBER: 0
ThUS IS TO CERTfFY TFiAT T}iE POL.ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSll�b 70 TFiE INSURED NAMED ABOVE FOR THE POUCY PERlOD
INDICATED. NO'fWITHSTANDING ANY REQUIREMEtJT, TERM OR CONDIT1pN OF ANY CONTRACT OR OTHER DOEIANENT WITH RESPECT TO WHICN TM.S
C�RTIFICATE MAY BE lSSUED OR MAY PERTAIN, THE INSURANCE AFFpRpED BY 11-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERINS,
EXCLUS101�tS AND CONDIl10NS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
� �dL POLICY EFF POLICY D(P
LTR TY�E Of NSi1RANCE ppL1CY NUAtBER MMlD MM/D ��s
p X ��G�� W�� 31GPP1013006 O1�U1/2025 01A1f1026 Ep,cH occ�RRENGE S 5,�.�
cwus-wo�E X� occuR °��E s S,OOQ000
X KS OF S?50,D00 SIR �m p�p q � S E�adudad
�xsorwc a aDv ua.ivar s 5,00O.00D
G�NL AGGREGATE UYR APPLIES PE7t. GpdFjip�pGGRE{`,A7g j iQ�.�
PQLICY � �� X❑ LOC AROWGTS-COIAPAPAC'�C' T 1Q,�,�
OTHER FlRE DAMAGE S 5,000,000
A Kt�or�eEu�euTr 31CAB1013306 01A12025 01A1/20'16 ��&NEDSPNGLELIMfT :
a ac `�.�.�
A X aHr au-ra 31 CAB 1047106 (MA) 011Q1/1Q'25 01A1/20'16 BODILY INJURY (Per parson) S
OwraED SCHEDUEED BODILY INJURY (Per axitlsrltj S
AUTOS ONLY Al3TOS _
HN2ED NONd71M�ED PROPERTYDAMAGE
x AIfTOSONLY X Al1TOSONLY r s
S
C X UYBREu�►�u►B X oCCUR 20697616 01A1/2025 01/0U2026 FrCHOCCURREHCE T E�,000.000
��B CWMS-MADE AGGREGNTE _ �OOQOOO
D£D x RET�EhR10N S S
A w���P�+��� 31WG1013106(FL) 01AS/2025 Oi/C1V2Q26 X� �-
AMD FJ�PLOY�ltS' LJABIUTY
B ANrPROPRIETORIPAKTNER/DCEGUTNE Y I N N IA �WG1013206 (A0.S) O1101(1025 01/01/'10'�6 E.L. EACH ACpDENT t 2.11�Q�00
OFAGER/MB.kBER000.UD�� ❑N
[ra�+emrY n«H) E.l. qSFASE- E11 ElIPL f 2.00D.QQO
DE SC �Oar OF TI bebw EL IXSEASE - PallCY UYR i 2.00QOOOo
D E�ess Aulo LabYRy P-0p1-QD1308T20-02 01/01/2025 01I01C1�6 Unt �,$paQQQ
E ErcessAubl�ahilpy 1�0002240 OU0112025 OtA11RQ26 Limit �5pqppp
O£ElXt1PTfOM QF OPERATlONS! LOCATIONS / VEHICl.EE (/1CORD 101, Addklorrl Rar�rMs SNrduN. nry b� �tlu1Nd N moer �p�a b tiqdodj
PROPEXTY LOCJ1T10N C�arpras C,erder FSU (Q3752) �88 Fiphvsy 114, Fa1 Worih, TX 7 61 7 7-25 01
(�RlIFIGTE HOLDFR IS IMaUDED /IS ADDI710NAL INSURED IF REOUIRED BY CONfMC7 OR AGREEk�TJT ON 7NE ABOVE (�AL LIAB�fiY POLIC1f, BUT ON.Y VYITIi R�PECf TO
ACTNI7IES pR pgl.1�ATlONS PERFO�MED 11N0ER TF�AGitEEA�Et�lf,
Gq d FaA Wam
t00 FoA Worth Tral
Fat Worth, FX 763f/2
PM24�U41�
$FIOIILA ANY OF THE A�QVE OESCR�EU POlIC1E8 BE CANCELtEO BEFOR�
7HE EXPIRATION DA7E 7HEREOF, NOTICE YNLL BE DELIVEfiE� IN
ACCQRDAMCE MWTH THE POI.ICY PROMISIQNQ.
M►i110R1ZED NEPREiEJI'fATIVE
drw,auu►uc
.�1�'s+.rs "JY.S.� .d.�G'
4198�.�01e ACORp cORPORATION. AN �yh�
wcoRo 2s {xo�eroa) 'rn. �►cottn nam..nd io�o an r.�sana mar�cs of �C�o