HomeMy WebLinkAboutContract 63453Date Received: 6/13/2025
Time Received: 1 :00 P.M.
Record Number: PN25-00033
City Secretary No.: 63453
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TI ix It
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 4621 Saint Amand Circle LLC, a
Texas limited liability company ("Licensee"), acting by and through its duly authorized
manager.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 4621 Saint
Amand Circle, Fort Worth, Texas 76126 ("Property"), being more particularly described
as, Lot BR-1, Block I, of Montserrat, an addition to the City of Fort Worth, Tarrant
County, Texas, as recorded in Deed Records, by Instrument Number D224040373; and
WHEREAS, the City owns or/and has an interest in a public utility easement (the
"Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat
of the property (FS-12-045), which plat is recorded in the plat records of Tarrant County
as Instrument D212312658 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
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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
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a private storm drain (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.
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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 One Thousand Twelve Dollars and Fifty Cents
($1012.50).
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.
S.
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
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presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
5,
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
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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.
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.
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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.
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.
22.
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 PAGEI
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Licensee:
4621 Saint Amand Circle LLC
a Texas limi li bil"it�y company
By: /
Name: Shane T. Seroyer
Title: Manager
Date: %
STATE OF JC S §
COUNTY OF -T'a.(Ca*li §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
IC XaS , on this day personally appeared Shane T Seroyer, 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 4621 Saint Amand Circle LLC, a Texas
limited liability company (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
JiIL - , 2025.
_fy Notary Public in and for the
State of —ce xAS
()
Z 0
Dana M Henry -
Jt0 EXp.1012812025 �=
ID No.126478665+Q���
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EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
�By: DaltonHn 12, 202514:39 CDT)
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
Approved As To Form and Legality
Jannette Goodall,
Hye Won Kim
City Secretary
Assistant City Attorney
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.
k��
Kandice Merrick
Development Services Manager
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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 12th day of
June , 2025.
�e Oby 44 "40
'�� • aY •P<F
Notary Public in and for the State of Texas y
p F OF'�`�o'
�*�����,03'2 511``-�
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EXHIBIT A
Depiction and description of the Encroachment
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LEGAL LAND DESCRIPTION
ENCROACHMENT AGREEMENT LIMITS
BEING a portion of that certain tract of land in the Thomas G. Zackery Survey, Abstract No, 1759, City of Fort Worth,
Tarrant County, Texas, described as Lot BR-1, Block 1, Montserrat (hereinafter referred to as Lot BR-1), an addition to the
City of Fort Worth, Tarrant County, Texas, according to the plat recorded In Instrument No. D212312658, Official Public
Records, Tarrant County, Texas (O.P.R.T.C.T.), and being a portion of a 15' Utility Easement, as recorded in Instrument
Number D212312658, O.P.R.T.C.T., and being more particularly described, by metes and bounds, as follows:
COMMENCING at a mag nail found for the Northeasterly comer of said Lot BR-1, same being the Southeasterly corner of
that certain tract of land described as Lot BR-2, Block 1, Montserrat, an addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat recorded in Instrument No. D212312658, O.P.R.T.C.T., same being the existing Westerly
right-of-way line of West Loop 820 South (variable width right-of-way), as recorded in volume 6402, Page 797, Deed
Records, Tarrant County, Texas, same the Easterly line of said 15' Utility Easement, same also being the beginning of a
curve to the left, whose long chord bears South 13 degrees 26 minutes 15 seconds East, a distance of 31.46 feet;
THENCE Southerly with the common line between said Lot BR-1 and the existing Westerly right-of-way line of said West
Loop 820 South, with the Easterly line of said 15' Utility Easement, with said curve to the left having a radius of 2834.79
feet, through a central angle of 00 degrees 38 minutes 09 seconds, for an arc distance of 31.46 feet to the beginning of a
curve to the left whose long chord bears South 13 degrees 55 minutes 54 seconds East, a distance of 17.42 feet, same
being the PLACE OF BEGINNING;
THENCE Southerly, continue with the common line between said Lot BR-1 and the existing Westerly right-of-way line of
said West Loop 820 South, continue with the Easterly line of said 15' Utility Easement, with said curve to the left having a
radius of 2834.79 feet, through a central angle of 00 degrees 21 minutes 07 seconds, for an arc distance of 17.42 feet;
THENCE North 73 degrees 22 minutes 31 seconds West, departing the existing Westerly right-of-way line of said West
Loop 820 South, crossing said 15' Utility Easement, a distance of 13.79 feet;
THENCE South 76 degrees 37 minutes 29 seconds West, continue crossing said 15' Utility Easement, a distance of 3.14
feet to the Westerly line of said 15' Utility Easement, same being the beginning of a non -tangent curve to the right, whose
long chord bears North 13 degrees 48 minutes 52 seconds West, a distance of 15.00 feet;
THENCE Northerly with the Westerly line of said 15' Utility Easement, same being the beginning of a non -tangent curve to
the right having a radius of 2849.79 feet, through a central angle of 00 degrees 18 minutes 06 seconds, for an arc distance
of 15.00 feet;
THENCE North 76 degrees 37 minutes 29 seconds East, departing the Westerly line of said 15' Utility Easement, a distance
of 7.27 feet;
THENCE South 73 degrees 22 minutes 31 seconds East, continue crossing said 15' Utility Easement, a distance of 8.95 feet
to the PLACE OF BEGINNING, and containing a calculated area of 249 square feet (0.006 acre) of land.
GENERAL NOTES:
1. All bearings shown herein are Texas Coordinate System, NAD83 (2011), Texas North Central Zone (4202). All distances shown herein
are surface distances.
I, Michael B. Szurgot, a Registered Professional Land Surveyor in the State of Texas, does hereby certify that the foregoing
description accurately sets out the metes and bounds of the encroachment tract.
�E OF
ZT�14
1111812024 "AEL"""BSZU"""RGn"'T
Michael B. Szurgot DATE:
Registered Professional Land Surveyor No. 4418
BANNISTER ENGINEERING, LLC
T.B.P.L.S. REGISTRATION NO. 10193823
Project No. 004-24-0011 Me: 11115/20241 Page 1 of 2 1 Drawn b/: SA I Qxcked by Ms
ENCROACHMENT AGREEMENT LIMITS EXHIBIT
PORTION OF LOT BR-1, BLOCK 1
MONTSERRAT
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
.....................
4418
9�0 Rv�c A
r"BANNISTER
E N G I N E E R I N G
240 North Mitchell Road I Mansfield, TX 76063 1817.942.20941817.842.2095 fax
TBPIS REGISTRATION NO. 10193823
B:\Clients\004 (Nationwide Contnldion)\004-24-001 (Serotonin Center - 4621 Amand Cr - Ft Worth)\Survey\Survey Docs\004-24-0(kl)H*brr<rI ft*Mment.d%
r
LOT BR-2, BLOCK-1.
Mq 1:5ERR4T
IMMUMENT NUMBER
D212312658
O.P.R.T,C.T.
cv,clue
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30 pug�C P c 0
21231765a
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GENERAL NOTES:
L�
SCALE: I' = 10'
0' 5' 10'
1. All bearings shown herein are Texas Coordinate
System, NAD83 (2011), Texas North Central Zone
(4202). All distances shown herein are surface
distances.
LOT BR-1, BLOCK 1
MONTSERRAT
INSTRUMENT NUMBER D212312658
O.P.R.T.C.T.
LEGEND
0 DIMENSION POINT, NO'niM FOUND OR SET
UNLESS NOTED OTHERWISE
D-RT.CT_ DEED RECORDS, I'ARRANT COUNTY, TEXAS
P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS
O.PA-T.C.T. OFFICIAL PUSUC RECORDS, TARRANT COUNTY, TEXAS
C.M CONTROLLING MONUMENT
Project No. 004.24.001 I Date: 11/1S/2024 jPage 2 of 2 I Drawn by: SA I Checked by: MS
ENCROACHMENT AGREEMENT LIMITS EXHIBIT
PORTION OF LOT BR-1, BLOCK 1
MONTSERRAT
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
t /A/� tt 1
EXHIBIT "All
PLACE OF COMMENCING
,
FOUND MAG NAIL
C.M.
z
poi uNE
1 `�
A=0°38'09"
R=2834.79'
1 a m
F,
L=31.46'
1 a G 3
CB=S13'26'15"E
CL=31.46'
fM0t�is 8
265
1 o'
15, SEWNUMB p21231
R
1 �°
'1
N760 37' 29"E 7.27'
EN'CRQACHMENT
AGREEMENT,LIMITS
249 SQUARE FEU OR
0.006 ACRE
0=0° 18'06"
R=2849.79'
L=15.00'
CB= N 13°48'52"W
CL=15.00'
S760 37' 29"W 3.14'
(Or . g. .
......................... *.
MICHAEL B. SZURGOT
.. ..1
44111
S U R'4
11/18/2024
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_ 20' X 20' VISIBILITY EASEMENT
INSTRUMENT NUMBER D2123126S8
O.P.R.T.C.T.
S730 22' 31"E 8.95'
OF BEGINNING
A=0°21'07"
R=2834.79'
L=17.42'
CB=S13°55'54"E
CL=17.42'
FOUND 1/2" IRON ROD
C.M.
'"BANNISTER
�: E N G I N E E R I N G
240 North Mitchell Road Mansfield, TX 76063 817 842.2094 817.842.2095 fax
TBPLS REGISTRATION NO.10193623
a
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�yr50
20' X 20' VISIBILITY
EASEMEN
EXISTING PUBLIC r"
SANITARY SEWER
s LINE_ 1 `
STA 0+31.16 N SD LINE B-2
INSTALL 12" 30' BEND
FL 12" HDPE = 701.91
I 1
LROAC
1 1 LOT BR-1, BLOCK 1
MONTSERRAT
PRIVATE
1 SID
STA 0+53.72 N SD LINE B-2
INSTALL W DEEP NYLOPLAST DRAIN
BASIN WITH 2W STEEL BAR GRATE INLET
TOP - 712.82
FL 12" HDPE — 704.82
PROPERTY
LINE
1 STA 0+00.00 - SD LINE B-2
CONNECT TO EXISTING WYE INLET
" FL 21' RCP - 697.13
EX FL 30" RCP - 697.03
GRAPHIC SCALE
t `L 20 0 10 20 40
M p
1 p ( IN FEET )
1 a� Cp 1 inch = 20 ft.
1 �
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Lot BR-1, Block 1, MONTSERRAT
1 1 OG Being 38,205 square feet of (0.877 acre) out of the
Thomas G. Zachary Survey, Abstract No. 1759
City of Fort Worth, Tarrant County, Texas
38,205 SQUARE FEET DRAIN
OR 0,877 ACRE
1 9
1 m
1 STA 0+04.00 N SD LINE B-2
1 1 INSTALL 21' 30' BEND
I 1 FL 21" RCP = 697.65
1 STA 0+19.81 — SD LINE 8-2
1 1 1 PIPE SIZE AND MATERIAL CHANGE
INSTALL PIPE REDUCER
I 1 1 AND CONCRETE COLLAR
1 1 FL 21' RCP = 699.69
1 FL 12' HDPE a 700.44
1 1 15' UTILITY
1 EASEMENT
EXHIBIT A
SEROTONIN CENTER
FORT WORTH, TEXAS
PGA CE LONOGvlLaRV
FOR REVIEW ONLY
THESE DOCUMENTS ARE FOR
REVIEW ONLY AND NOT
INTENDED FOR CONSTRUCTION
OR BIDDING. THEY HAVE BEEN
PREPARED BY OR UNDER THE
SUPERVISION OF:
EngkiOfREMINGTON C. WHEAT, P.E.
RE Nr 126106 Date 2/5/2025
r"BANNISTER
1 ENGINEERING
240 North MdMell Rose (Ma Mid. TX 7606.4 617 89220941 617.842 2M W
./ REGISTRATION ♦ F.10599(TEXASi
2/5/2025
SD LINE B-2 PROFILE
N _ HORIZONTAL SCALE: 1 "=40'
I o
_.._._.._._._'r....__.. '_._.._. `"._.._._._.._.._._.._. VERTICAL SCALE: 1"=4'
720 � � � � J�� 720
N
715
710
705 1
11L'.0 12-HDP
J7,,Pl SL 1P
STO&A D
695
ON If
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O+00
EXHIBIT C
SEROTONIN CENTER
FORT WORTH, TEXAS
N
r`RQP715
-
710
2' HDPE
All I
Lu
705
1� HDPE
SLQPE
L ATON
UNE
700
695
RED W,TON C. WHEAT
Mi 1 �6106
a#A f
1+00
BANNISTER
L1 ENGINEERING
240 NOM Mlohel Read I Mansfield. TX 76063I 017 842 20" 1817,042 2M I-
J REOISTRATION0 F-10M(TEXAS;
4/17/2025
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SITE N TPLAN
THE CITY OF FORT
5TWGET%GGEWA_ARE 1Da REOWCRCE WTIH TIE sMEWAK Pala PER CITY DEVELwIRwr
GTARGATPLAY5E `WIN W1ASTE MEOAaP �T jE5 THE
IN EFFECT AS OF THE DATE OF wox HE
THE PTAT ON
E RACAOIEWNT TO BE COLLECTED E
EFFECTIVE ON FE
DATE TO THE THE WI TITWE'aaArD ce 5s .5Y5 arIMR iiE cwECTox
ANY
ETHE RIGHT
N(NIRE
E E
SSYSTEMS RraE ITx THE xECEsaTY AT ANY n OF NO ALL OR RODAINiDF INC PISHAUL
R ¢Snx a
OF THE SAME
BIG YE EL GN
COVENANTS OR
THE REKAT DE xoT vrc..Ex'an o�oy01aE"EOr°o"""c TIE
REMAINDER OF Huxo OR RIIvExEED
I. WATER AND SEWER TO SERVE THIS SOBONISION WILL BE
CITY OF FORT WORTH WATER AND SEWER. 11
THE TRARRAH BNOWN HEREON vI�i
RECORD ,AT aFHSIE`w
PRIVATE C_
THE CITY OFvvvv COWN § HE �vRl�„
1. LANE OWNERS AND SY.—IT CRI OF — LOTS AND P
ANG=SIGN ACTING _Y ARE SEVERALLY AS 14� E' .1
LV,Ha W !
FRO F ORTH T"I" HEREIx. E DEYEARS FROM IL CLII IT, PeLICATIDNI OF SNU UWrERS ASS�M-1 ANY LOSSES AN 0'. RDOIIT
R.n H.
EnFA
TROPER CABLE OROR PLAOTHERTTED WA ER. SAITARY SEWER, ORAL — ...
AR ANENT BE ¢TEITRII.R ANY
TYPE
• DENOTES A 5/8" I.R. WITH YELLOW CM STAMPED AN.A SET UP CO
O DENOTES A 5/8" I.R. WITH YELLOW CM STAMPED AN.A. FOUND
1. "PARKWAY IMPROVEMENTS SUCII AS CURB Sr CUTTER, PAVEMENT TIE-IN,
DRIVE APPROACHES, SIDEWALKS AND DRAINAGE INLETS MAY BE REOURED
DINE OF BUILDING PERMIT ISSUANCE VIA A PARKWAY PERMIT."
TRANSPORTATION IMPACT FEES
THE CITY OF FORT WORTH HAS AN ORDINANCE IMPLEMENTING THE ASSEESEE
AND COLLECTION OF TRANSPORT IMPACT FEES.
THE TOT& AMOUNT ASSESSED 5 ESTABLISHED ON THE APPROVAL DATE OF
THIS PLAT APPLICATION, BASED UPON SCHEDULE IOF THE IMPACT FEE
ORDINANCE IN EFFECT AS OF THE DATE OF THE PLAT
THE AMOUNT TO BE COLLECTED IS DETERMINED UNDER SCHEDULE 2 OF SAID
ORDNANCE, AND IS DUE ON THE DATE A BUILDING PERMIT.
PRIVATE PRV'S REQUIRED'
"INSTAL PRIVATE PRESSURE REDUCING V&MES ON EACH WATER SERVICE
AT THE THE OF BUILDING CONSTRUCTION. THE VALVE HAS TO BE A CITY
APPROVED APPURTENANCES"
PARKWAY PERMIT:
"PARKWAY IMPROVEMENTS SUCH AS CURB ANDAGUTTER,PAVEMENT TIE -IN
DRIVE APPROACHES•SIDEW&KS ANY DRAMIE LETS MAY BE REOURED
AT TIME OF BUILDING PERMIT ISSUANCE VIA A PAKWAY PERMIT"
B(�roFhic scale Me au ojec[ p p tY ppeara to lie Zonal X. ,wt ahrydetl.
determined t" be utaidar lha tiA - � ROOdp1 m according T t e FEMA
Flood IRa.rppca Rate MaP IorTOrran[ COunty,TexOa, P_ INo. 280 0 495,
Map No. 4843900280 K. revised September 25, 2009.
DETERMINED BY HE GR RAT
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=;�t
"py,IghlW2U11 by AN.A. COOaM-1: 1LA!
Ib[T9V0 ram►
CITY PLAN COMMISSION
CITY OF FORT WORTH, TEXAS
P "n.• m• amo oI apmo I Iy (90) as
Plat Approval Date: It 21 12Z
BY'
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1/2"
IRF
Yk
IWIIBN ]MACE / MONTSERRAT
CAB. A.
SLIDE NO-9237-9236
P R_T.C.T.
�I 1
BLOCK 1 zA ��CI
ii'4f `J N14.1J'10�
BR-3_ �•CA
88.4'
h 2.738 AC N12.9'889
h
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-
23 /22
T.G. ZACHARY /
J.F. ELLIOTT ,��`%A�/}
a'& s4.OWNER/DEVELOPER
MONTSERRAT PROPERTIES L.L.C.
6000 WESTERN PLACE, SUITE 110
FORT WORTH. TEXAS 76107
TEL. (8171 377-8827
FAX (817) 732-0595
21
20
19
LOT TABULATION ENGINEER/SURVEYOR
BLOCK 1 3 LOTS A.N.A. CONSULTANTS. L.L.C.
5000 THOMPSON ROAD
TOTAL 3 LOTS COLLEY'ILLE• TEXAS 76034
3 COMMERCIAL LOTS TEL. (817) 631-3500
FAX (817) 631-3527
BR-2
1.145 AC �?
A-03- 07'14"
R-2834.79'
L-154.40'
T-77.22'
L.C.-S19" 53'35"E
154.38'
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242.81' \,
LL
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F _7
MONTSERRAT
FINAL PLAT
OF MONTSERRAT
BLOCK 1, LOT BR-1, BR-2 AND BR-3
BEING A REPLAT OF
BLOCK 1, LOT B,
MONTSERRAT
AN ADDITION TO
THE CITY OF FORT WORTH, TEXAS
AS RECORDED IN CABINET A, SLIDE 9237-9238
OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS
BEING 4.779 ACRE OF LAND
DOCUMENT NI DATE PREPARED NOVEMBER 2012
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 11 of 12
Updated 2024
Spectrum►
May 12, 2025
RE: Easement encroachment
Location: 4621 Saint Amand Circle Fort Worth, TX 76126
Spectrum Communications hereby grants an encroachment for the purpose of building into
portion of the Utility Easement associated with the property located at; 4621 Saint Amand Circle
Fort Worth, TX 76126. 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 no facilities within this easement. If it has not already
taken place, please call 1-800-DIG-TESS (https://texas8ll.org/) 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 DL-NTX-External-
Requests@charter.com. Please share this information with whoever needs these services.
Sincerely,
S pawe"' Er t r u f r i
John Janusik I Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: iohn.ianusikC�charter.com
Office: 214.319.4904
Mobile: 214.724.5815
at&t
June 2, 2025
Tarrant County — Montserrat, Block 1, Lot BR-1
4621 Saint Amand Circle, Fort Worth
15-ft Utility Easement Encroachment Request
In response to the request for the encroachment on a portion of the 15-ft alleyway running in a
north south direction along the east side of the property, Southwestern Bell Telephone Company,
d/b/a AT&T Texas, has no objections to the requested encroachment for a storm drain as shown
on the attached sketch.
Plat showing easement found in Plat Records, Tarrant County, Texas, recorded in D212312658.
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. Exercise extreme caution with respect
to such facilities. Contact Texas811 for underground locates before any digging is done.
Cost of any damage to facilities would be at your expense.
Please let me know if you have any questions.
Sincerely,
p� IAe41X�
Melissa McElyea
AT&T - Manager Eng - ROW
817-718-4055
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s•nE"R6' O BENOTE: A SIN' I.I. w11. •ELLVX OSP STAwEB AROUO
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uas �QF R NPY[ ,PPRONE5, 5[ENNIC565�INi LR V1 P��WAY Y BE OIFEO
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�Ew cxp.�ryK.lixw ,v=rcE�r y IM COLIfCTICn OF LPHISPoPL RPACI EIS. ASSE59ET1
_Trj' 4 ilE LOVE N.LpRIf ASYSSEp IS ESTIA D M TIE MPROVIL DATE Of T
ppM�� iNS d� AP,,,,N�Ml)�[ SCxLLIIL 1 TTXE MIML FEE
ANoe T„ I.a�:f .Zl:irnarwlie .'ai.vz'I`Til o K MeuNi E cciEnu�MOuWFI! SCxfwE s aF silo
n1ANWC£.6OYE OxiNC DAK RR1tt-
PBIYATE P"II TEOUREO•
_ 'INS— PRYATE P ESSME RE- S µN
MTN[ I EMX RATER SERVICE
rME a Bonsln n rFFL— Cv AS To BE CITY
rArr is f aMFw>,E dirsTin In PRMFB M91AT s••
A M oFeC�r.(rr'�sA PMxwdr PEIaN
,.* Car r.a MaRu rww PIr[a Nb(wAY IMMOVElEN1S 9UCr1 A3 UAA dnp OVFTER PdYEI:Ni TIF M
a rw SwE OmL'E AAWO,CKS. S w�IIj RS�AIn ptRNY¢ N£TE JAY BE REM
AT RE OF BUICNC Y.wxCE PnlxWAY —T-
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11� ra Au °>9cosm x....q,a saPM•Iles zs. zoon.
-- CITY OF FORT WORTH, TEXAS
¢wrEw=ArvV xn q•.. .ee•n'f::'.i,�:'w'm..., ri>aI
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AR
DIMPHIC SMILE To PUT
�Ir•, ,..,, 112" IRF
MDNTSERRAT
CAB. A,
AIDE N0. 9237-9238
P.R. T.C.T,
/ BLOCK 1
BR-3
2.73B AC
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Ar_z> A
23
22 /
T.G. ZACHARY '
21
J.F. ELLIOTT 1 20
,
A•� �Y®4
OTNERID6YStorim
MONT9TREAT PROPERTIES L.]LC.
WOO WESTERN PLACE. SUITE 110
FORT NORTH. TEXAS 7E107
TEL, 1817) 377-BB2T
FAR 1617) T52-0555
L.OT TAB ATTON
SNOINSSR/BURYETOR
H.00N 1 3 LOTS
A.N.B. CONSULTANTS, L.L.0
TOTAL 3 LOTS
5000 THOMPSON ROM
COLLEYVI LLE. TEXAS 79034
3 CO"INCIBL LOTS
TEL. IB171 631 -5500
FAX 18177 631 -3527
1
lac \1
L.
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BR-2
1.143 AC
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ONTSERRAT
fe" OAT
OF MONTSERRAT
ELOCN 1, LOT BR- BR-2 AND BR-3
BEING A REPLAT OF
BLOCK 7 LOT B.
MONTSERRAT
IN ADDITION TD
AS
THE CITY OF FORT WORTH TEKAS
RECORDED IN CABINET A, SLIdE 9237-9238
OF THE P-AT RECORDS OF TARRANT COMTY, TEXAS
BEING 4,779 ACRE OF LAID
mcU .:_.Dry PREPARED NOVEMBER 2012
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Docusign Envelope ID: F756F1C1-075D-48C4-9620-83A57C3AC587
�TMOS
energy
May 29, 2025
Michael Savala
St. Amand Circle
Fort Worth, TX 76126
Re: Encroachment into Utility Easement
Michael Savala,
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 damage cause 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 (817) 319-2237
Sincerely,
ISigned by:
#,Sbt& i tikbv'
0761AE1BEODD48B...
Jason Gilson
Project Specialist
Atmos Energy
Atmos Energy Corporation
901 Altamesa, Fort Worth, Texas 76134
P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com
Date: 04/1512025 NC R
Customer/Property Owner: Michael Savala/4621 Saint Amand Cir, LLC
Street Address: 4621 Saint Amand Circle
City / State 1 Zip: Fort Worth, Texas 76126, USA
Re: 2025-1553
To whom it may concern:
I have received your request to construct a(n) 21" RCP storm drain at the above referenced
location. A portion of the proposed 21" RCP storm drain will encroach on a 15' utility easement.
User may locate the Encroaching Facility in the 15' utility easement area, but only as described
and shown on the attached drawing marked Exhibit "A" and incorporated herein at no time
should any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached
upon,
Oncor has facilities located within the above -mentioned property. It is not the intent of this letter to
waive any rights granted to Oncor in said utility easement except to permit this encroachment set
out hereinabove. Also, this letter is not intended to release the builder of this encroachment, or
the present owner, or future owners of the property from any liability arising out of the location of
this encroachment.
Oncor shall continue to have unrestricted access to, on and across the utility easement. It is
understood by owner, that when the electrical facilities in the area need repaired, replaced or
upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's
ability to perform the necessary work. Oncor maintains the right to utilize the entire utility
easement for its needs, and will not be responsible for any damages.
Owner acknowledges and understands that Oncor maintains overhead and/or underground
electrical facilities within the utility easement. State law requires contacting Dig Tess by calling
811 for underground equipment to be located at least two (2) days before you dig. Dig Tess does
not mark a precise location but is usually within four (4) feet of the actual location. Owner agrees
to exercise extreme caution with respect to such electrical facilities.
Please sign below confirming that you understand and agree to the requirements and return a
signed copy back to me for my records.
If you have any questions or need additional information, please contact the Oncor office at
(817)215.5183.
Sincerely,
00
.�z
Derek VanDevander
Oncor Distribution Right -of -Way
i ty,V p� STA 0+53.72 - SD LINE B-2
INSTALL 8' DEEP NYLOPLAST DRAIN
BASIN VATH 212' STEEL BAR GRATE INLET
TOP = 71182
20' X 20' VISIBILITY - FL 120 HDPE = 704.82 _
EASEMEN
PROPERTY
EXISTING PUBLIC w�'i - �� LINE
SANITARY SEWER r �[ r " STA 0+00.00 - SD LINE B-2 C
LINE 1 1 CONNECT TO EXISTING WYE INLET
o ' FL 21"; RCP = 697.13
\ �N EX FL 30" RCP - 697.03 GRAPH) C SCALE
20 0 10 20 40
_f I
0 D -
p ( IN FEET )
1 15s 1 inch = 20 ft.
� xo
b N Lot BR-1, Block 1, MONTSERRAT
STA 0+31.16 - SD LINE B-2 ' OG Being 38,205 square feet of (0.877 acre) out of the
- INSTALL 120 30' BEND Thomas G. Zachary Survey, Abstract No. 1759
FL 12" HDPE = 701.91 1 City of Fort Worth, Tarrant County, Texas
l ENCROACHMENT N STA 0+04.00 - SD LINE B-2 P R CE L O RA ON Z% R%
1 1 INSTALL 210 30' BEND
I LOT BR-1, BLOCK 1 1 FL 21" RCP = 697.65 FOR REVIEW ONLY
MONTSERRAT STA 0+19.81 - SD LINE B-2 THESE DOCUMENTS ARE FOR
PRIVATE STOR ' 1 PIPE 'SIZE AND MATERIAL (MANGE REVIEW ONLY AND NOT
3$,205 SQUARE FEET DRAIN INSTALL PIPE REDUCER INTENDED FOR CONSTRUCTION
AND CONCRETE COLLAR OR BIDDING. THEY HAVE BEEN
OR 0.877 ACRE j 1� FL 21" RCP = 699.69 PREPARED BY OR UNDER THE
FL 12" HDPE = 700.44 SUPERVISION OR
N 15 UTILITY r,g,rtea,-REMINGTON C. WHEAT, P.E.
IEASEMENT D R Nn_ 126106 ate— 2/5/2025
EXHIBIT r"B AN N IS TER
ENGINEERING
SEROTONIN CENTER C� REGISTRATION'I# _16599(TDCAS) 750�1817.5 2094j 817.8422095 fax
FORT WORTH, TEXAS 2/5/2025
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Updated 2024