HomeMy WebLinkAboutContract 63768Date Received: 8/4/2025
Time Received: 3:16 p.m.
Record Number: PN25-00102
City Secretary No.: 63768
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, Coca-Cola Southwest Beverages,
LLC, a Delaware limited liability company ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3400 Fossil
Creek Boulevard, Fort Worth, Texas 76137 ("Property"), being more particularly
described as, Lot 2, Block 3, of Fossil Creek Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D217074616; 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-91-68), which plat is recorded in the plat records of Tarrant County as
Instrument D 191168254; 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
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY Updated 2024
FT. WORTH, TX
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 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."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. In the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional cost as
determined by the Director of Transportation and Public Works, the Director of the Water
Department, the Director of the Development Services Department, or their duly
authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
Tier II Easement Encroachment Agreement Page 2 of 12
Updated 2024
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.
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
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
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Updated 2024
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
Tier II Easement Encroachment Agreement Page 4 of 12
Updated 2024
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.
Tier II Easement Encroachment Agreement Page 5 of 12
Updated 2024
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 PAGE]
Tier II Easement Encroachment Agreement Page 6 of 12
Updated 2024
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
baGton tiaw-64
By: Dalton Harrell (Aug 4, 202513:28:12 CDT)
D. J. Harrell
Director, Development Services Department
Date:
ATTEST:
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Jannette Goodall,
City Secretary
Approved As To Form and Legality
9a-o - 5Artrta
Name: Jackson Skinner
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.
Kandice Merrick
Development Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 12
Updated 2024
Licensee:
Coca-Cola Southwest Beverages, LLC
a Delaware limited liability company
Name: Reyes Garcia
Title: Vice President - Supply Chain
Date: 713 //7 dL f
STATE OF §
COUNTY OF 1Ma §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Reyes Garcia, Vice President - Supply
Chain 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 Coca-Cola Southwest
Beverages, LLC, a Delaware limited liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this al day of
p
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Notary Pub`tic in and for the
State of
Tier II Easement Encroachment Agreement
*er Pue TERRY PARROTT
Notary IR #128658629
y�1�I\�S`1T My Commission Expires
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*� or June 23, 2027
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Page 8 of 12
Updated 2024
11:ILYV_ll19■�lU.i61NW&IJ0011 JkA&11"N:lU0Wl6111 W W1X'1IW
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 4th day of
August 120225
s 4&"
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement
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Page 9 of 12
Updated 2024
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Updated 2024
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UTILITY EASEMENT ENCROACHMENT AGREEMENT— "EXHIBIT A"
LAND DESCRIPTION:
BEING a 0.0034-acre tract of land situated in the David Odum Survey, Abstract No. 1184, City
of Fort Worth, Tarrant County, Texas and being a portion of a 10.4396-acre tract of land
described as Tract 2 in Special Warranty Deed to Coca-Cola Southwest Beverages, LLC,
recorded in Document No. D217074616 of the Official Public Records of Tarrant County, Texas
(O.P.R.T.C.T.), and being a portion of Lot 2, Block 3 as shown on Final Plat of Fossil Creek
Addition, Phase 1, Section 1, an addition to the City of Fort Worth, Texas as recorded in Plat
Volume 388-140, Pages 40-42 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and
being more particularly described by metes and bounds as follows:
COMMENCING at a 112-inch iron rod with yellow plastic cap stamped "A.H. HALFF ASSOC"
found at the southeast corner of said Lot 2, Block 3, Fossil Creek Addition, Phase 1, Section 1
and northeast corner of said Lot 3, Block 3R of the Corrected Plat of Fossil Creek Addition, an
addition to the City of Fort Worth, Texas as recorded in Plat Cabinet A, Slide 1916, P.R.T.C.T.,
said point being on the west right-of-way line North Riverside Drive {120-foot right-of-way} as
shown on said plats and also shown on Final of Fossil Creek Addition, Phase 1, Section 2, an
addition to the City of Fort Worth, Texas, as recorded in Plat Volume 388-145, Pages 37-38,
P.R.T.C.T. from which a 112-inch iron rod with plastic cap stamped "A.H. HALFF ASSOC" found
for reference nears North 89 degrees 29 minutes 05 seconds West at a distance of 745.12 feet
and also from which a 1/2-inch iron rod found for reference bears South 0 degrees 26 minutes
44 seconds East at a distance of 246.79 feet;
THENCE North 0 degrees 27 minutes 48 seconds West continuing along the west right-of-way
line of said North Riverside Drive and the east line of said Lot 2, Block 3, a distance of 185.30
feet to the POINT OF BEGINNING of this tract;
THENCE departing the west right-of-way line of said North Riverside Drive and continuing over
and across said Lot 2, Block 3 (and said Tract 2) and an existing 15-foot Utility Easement as
shown on said plat of Fossil Creek Addition, Phase 1, Section 1, the following courses:
North 89 degrees 40 minutes 18 seconds West a distance of 15.00 feet to a point for
corner on the west line of said 15-foot Utility Easement;
North 0 degrees 27 minutes 48 seconds West along the west line of said 15-foot Utility
Easement, a distance of 10.00 feet to a point for corner;
South 89 degrees 40 minutes 18 seconds East departing the west line of said 15-foot
Utility Easement and continuing over and across said easement, a distance of 15.00 feet
to a point for corner on the west right-of-way line of said North Riverside Drive and east
line of said Lot 2, Block 3;
THENCE South 0 degrees 27 minutes 48 seconds East along the west right-of-way line of said
North Riverside Drive and east line of said Lot 2, Block 3, a distance of 10.00 feet to the POINT
OF BEGINNING and containing 150 square feet or 0.0034 of an acre of land, more or less.
Page 1 of 3
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UTILITY EASEMENT ENCROACHMENT AGREEMENT— "EXHIBIT An
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Registered Professional Land Surveyor
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UTILITY EASEMENT
ENCROACHMENT AGREEMENT
"EXHIBIT A"
0.0034 ACRE
David Odom Su^.'ey, Abstract No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BASIS OF BEARING:
Bearings are based on the State Plane Coordinate
System, Texas North Centre) Zme (4202) North
Amenran Datum 1983 (2011)
HZ PROJECT NO.: R317926.01
DATE: June 16, 2025: 718125; 7+10125
SHEET 3 OF 3
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(NTH KO CAP)
O POINT FOR CORNER
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N.T.S. NOT TO SCALE
P.RT.C.T. PLAT RECORDS, TARRANT COUNTY. TEXAS
O.P.RT.C.T. OFFICA PUBLIC RECORDS.
TARRANT COUNTY. TEXAS
;ForHuitt-Zorla C.hell S. Pinar
Registered Professional Land Surveyor
Texas Registration No. 5491
Huilt-Zollars, Inc.
TBPELS Firm Registration No. 10025600
5430 LBJ Freeway, Suite 1500
Dallas, Texas 75240
(214)871-3311
Q,11 rROuitt-mllars.mm Date: June 16, 2025
Revised: July 8.2025; July 10, 2025
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ZOLLARS
5430 LBJ Freeway. Suite 15M
Dallas, Texas 75240.2676
214.871.3311
www,huit:•zolla rs.com
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UTILITY EASEMENT
ENCROACHMENT AGREEMENT
"EXHIBIT A"
0.0034 ACRE
David Odom Su^.'ey, Abstract No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BASIS OF BEARING:
Bearings are based on the State Plane Coordinate
System, Texas North Centre) Zme (4202) North
Amenran Datum 1983 (2011)
HZ PROJECT NO.: R317926.01
DATE: June 16, 2025: 718125; 7+10125
SHEET 3 OF 3
HOHUITT
ZOLLARS
5430 LBJ Freeway. Suite 15M
Dallas, Texas 75240.2676
214.871.3311
www,huit:•zolla rs.com
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EXHIBIT h1A�
UTILITY EASEMENT
ENCROACHMENT AGREEMENT
"EXHIBIT A"
0.0034 ACRE
David Odom Su^.'ey, Abstract No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BASIS OF BEARING:
Bearings are based on the State Plane Coordinate
System, Texas North Centre) Zme (4202) North
Amenran Datum 1983 (2011)
HZ PROJECT NO.: R317926.01
DATE: June 16, 2025: 718125; 7+10125
SHEET 3 OF 3
EXHIBIT h1A�
UTILITY EASEMENT
ENCROACHMENT AGREEMENT
"EXHIBIT A"
0.0034 ACRE
David Odom Su^.'ey, Abstract No. 1184
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BASIS OF BEARING:
Bearings are based on the State Plane Coordinate
System, Texas North Centre) Zme (4202) North
Amenran Datum 1983 (2011)
HZ PROJECT NO.: R317926.01
DATE: June 16, 2025: 718125; 7+10125
SHEET 3 OF 3
5 PUBLIC UTILITY EASEMENT I I VIp l I_ 1:1 I I 111
DOC # D18100722( ; iI = I I A I I II I I SD LINE'A04' - 0150
EXISTING INLET CI-02 STA: 5+71.92 EAST POND OUTFALL
-
0 I STA: 5+21.20 EAST POND OUTFALL CONST. 3'XT RISER INLET
CONNECT TO EXISTING 10' CURB INLET TC= 641.50
TC= 640.00 6'
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HUITT EXHIBIT'A'
HZ ZQLLAR$ FOSSIL CREEK ENCROACHMENT
SHEET 2 OF 2
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APPROVED BY NGO.
PROPOSED DETENTION POND C06.06
B
A
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page I I of 12
Updated 2024
AXT
AT&T Right -of -Way
1116 Houston St, Rm. 1412
Fort Worth, TX 76102
July 2, 2025
Nicolas Gomez, P.E.
Huitt-Zollars, Inc.
500 W. 7i6 Street, Suite 300
Fort Worth, TX 76102
RE: AT&T Letter of No Objection — Private Storm Drain Construction
Fossil Creek Addition — Lot 2A & 2C, Block 3 — D181007226 & D191168254
Fort Worth, Tarrant County, Texas
Mr. Gomez,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to your request to
cross an existing 15' platted Utility Easement to construct a private storm drain on the property
referenced above at 5757 N Riverside Drive.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme cautiGn
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
Ray A. Garcia
AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way
817-550-7576
ray.¢arcia@att.com
AFATMOS
energy
.tune 26, 2025
Nicolas Gomez
Huitt-Zollars
Fort Worth, Texas
Re: Encroachment into Utility Easement-3400 Fossil Creek Blvd, Fort
Worth, TX 76137
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 zne at 214-549-7144.
Sincerely,
Bobby ney
Project Manager
Atmos Energy Corporation
100 West Momingside
Pore Worth, Texas 76110
ONC�R
Date: 07/15/2025
Customer/Property Owner: Huitt-Zollars, inc. // GRAPHIC PACKAGING INTERNTL LLC
Street Address: 3400 Fossil Creek Blvd
City / State / Zip: Fort Worth, TX 76137
Re: 2025-3730 3400 Fossil Creek - UE Encroachment Lot 1, Block 4 & Lot 3 Block 3 of the
Fossil Creek addition to the City of Fort Worth, Tarrant County, Texas
To whom it may concern
I have received your request to construct a private 24" RCP storm drain pipe and rip -rap at the
above referenced location. A portion of the proposed drain pipe and rip -rap will be crossing a
public utility easement. User may locate the Encroaching Facility in the right of way 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 right -of way 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 right of way. 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 right of way
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 right of way. 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)215.5301.
Sincerely,
Right of Way Analyst.
Property Owner (Date)
Spectrumo,
June 13, 2025
RE: Easement encroachment
Location: 3400 Fossil Creek Blvd, Fort Worth, TX 76137
Spectrum Communications hereby grants an encroachment for the purpose of building into
portion of the Utility Easement associated with the property located at; 3400 Fossil Creek Blvd,
Fort Worth, TX 76137. Spectrum Communications reserves the right to have access to any
other applicable utility easements on the property for the purpose of future construction or
maintenance. The owner and/or lessee of said property may also be responsible for the
relocation/removal of any structure interfering with access to these easements, if necessary.
Spectrum Communications currently has no facilities within this easement. If it has not
already taken place, please call 1-800-DIG-TESS (httas://texas8l l.OrQ/) 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,
SC12rler
pectrum�
John Janusik I Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: john.janusik@charter.com
Office: 214.319.4904
Mobile: 214.724.5815
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Updated 2024