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HomeMy WebLinkAboutContract 63771Date Received: 8/5/2025 Record Number: PN25-00091 Time Received: 9:07 a.m. City Secretary No.: 63771 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 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 FW 1-35 Logistics 2, LLC, a Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 12000 South Freeway, Fort Worth, Texas 76028 ("Property"), being more particularly described as, Lot 3, block A, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223081147; and WHEREAS, the City owns water easements, 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 (FP-25-001), which plat is recorded in the plat records of Tarrant County as Instrument D225064815; 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 waste water and two storm drains (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." 4 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. Tier II Easement Encroachment Agreement Page 3 of 12 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 Licensee: FW I-35 Logistics 2, LLC a Texas limited liability company by: FW I-35 Logistics 2 Investments, LLC a Delaware limited liability company its member by: Ascendant Investor — FW I-35 Logistics 2, LLC a Texas limited liability company its member manager B t� Name Steven Bradford Title: Manager Date: 07/z 5/Z O z5 THE STATE OF TEXAS § COUNTY OF� IaS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Steven Bradford, Manager, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Ascendant Investor — FW I-35 Logistics 2, LLC, the member of FW I-35 Logistics 2 Investments, LLC, the member manager of FW I-35 Logistics 2, LLC, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day of 20� � C _ Notary P blic in and for the State of Texas 75 MEUSSA ALVAREZ Notary Public STATE OF TEXAS My Comm. Exp. 05-15-27 �Y Notary ID # 132014W2 �( Tier 11 Easement Encroachment Agreement Page 7 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 �ctGton hfart-eCG By: DA- Harrell A,942025132747 CDT, D. J. Harrell Director, Development Services Department Date: 08/04/2025 ATTEST: nay pF FORraa ° -°°Al Approved As To Form and Legality U��� nE4p5a4 Q �ew.S,Ei:z.�, Jannette Goodall, Jackson Skinner 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. Kandice Merrick Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier 11 Easement Encroachment Agreement Page 8 of 12 Updated 2024 FAt�iir :1 I:YI J_l!i a IIIJ:i61 r'.11 :1r I . Eli W Ii 0 r1M" 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 202 25 SyO4&U, Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement t1EY A4 iZ fin: • v ce OF0:' �3660g�',LO� 003-25=Zo�'\o7 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 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, 3, AND 4 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PART 1: ENCROACHMENT AREA # 1 8X4 RCBC CROSSING A 12-INCH WATERLINE WITHIN A 20 FOOT WATER LINE EASEMENT BEING a 500 square foot (0.0115 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and also being a part of that 20-foot wide Water Line Easement dedicated by said IH35W Global Logistics addition, and being more particularly described by metes and bounds as follows: COMMENCING at a found crow's foot in concrete for the northeast corner of said Lot 3, and common southeast corner of Lot 1, Block A IH35W Global Logistics addition, an addition to the City of Fort Worth as recorded in Instrument Number D220324983, O.P.R.T.C.T, said point being on the West right-of-way line of IH35W (known as South Freeway), and being on the north line of said 20-foot wide Water Line Easement; THENCE South 89 degrees 44 minutes 17 seconds West, departing said west right-of-way line of IH35W, along the common north line of said Lot 3 and south line of said Lot 1, and along the north line of said 20-foot wide Water Line Easement, a distance of 59.65 feet to the POINT OF BEGINNING of the herein described tract, THENCE South 00 degrees 15 minutes 43 seconds East, departing said common lot line and the north line of said water line easement and over and across said Water Line Easement, a distance of 20.00 feet to a point of the south line of said Water Line Easement; THENCE South 89 degrees 44 minutes 17 seconds West, along the south line of said 20-foot wide Water Line Easement, a distance of 25.00 feet to a point for corner; Ld_Easement Encroachment Areas —4 Tracts-34812.doc Page 1 of 9 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, 3, AND 4 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE North 00 degrees 15 minutes 43 seconds West, departing said south line and over and across said Water Line Easement, a distance of 20.00 feet to a point on the north line of said 20-foot wide Water Line Easement and on the aforementioned common north line of Lot 3 and south line of Lot 1; THENCE North 89 degrees 44 minutes 17 seconds East, along said common lot line and north line of said 20-foot wide Water Line Easement, distance of 25.00 feet to the POINT OF BEGINNING AND CONTAINING 500 square feet or 0.0115 acres of land, more or less. PART 2: ENCROACHMENT AREA # 2 30-INCH RCP CROSSING A 16-INCH WATERLINE WITHIN A 15 FOOT WATER LINE EASEMENT BEING a 75 square foot (0.0017 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and also being a part of that 15-foot wide Water Line Easement dedicated by said IH35W Global Logistics addition, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" found for the southeast corner of said Lot 3, said point being on the West right-of- way line of IH35W (known as South Freeway); THENCE North 85 degrees 27 minutes 36 seconds West, departing said west right-of-way line of I1-135W, and over and across said Lot 3, a distance of 475.34 feet to a point on the south line of said 15-foot wide Water Line Easement for the POINT OF BEGINNING of the herein described tract, THENCE Norh 88 degrees 15 minutes 56 seconds West, along the south line of said water line easement, a distance of 5.00 feet to a point for corner; Ld_Easement Encroachment Areas — 4 Tracts-34812.doc Page 2 of 9 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, 3, AND 4 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE North 00 degrees 23 minutes 42 seconds West, departing said south easement line and over and across said 15-foot wide Water Line Easement, a distance of 15.01 feet to a point for corner on the north line of said 15-foot wide Water Line Easement; THENCE South 88 degrees 15 minutes 56 seconds East, along said north easement line, a distance of 5.00 feet to a point for corner; THENCE South 00 degrees 23 minutes 42 seconds East, departing said north easement line and over and across said 15-foot wide Water Line Easement, a distance of 15.01 feet to the POINT OF BEGINNING AND CONTAINING 75 square feet or 0.0017 acres of land, more or less. PART 3: ENCROACHMENT AREA # 3 30-INCH RCP CROSSING A 15-INCH WASTEWATER LINE WITHIN A 20 FOOT UTILITY EASEMENT BEING a 100 square foot (0.0023 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and also being a part of that 20-foot wide Utility Easement recorded in Volume 9532, Page 1900, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" found for the southeast corner of said Lot 3, said point being on the West right-of- way line of IH35W (known as South Freeway); THENCE North 87 degrees 52 minutes 14 seconds West, departing said west right-of-way line of I1-135W, and over and across said Lot 3, a distance of 474.04 feet to a point on the south line of said 20-foot wide Utility Easement for the POINT OF BEGINNING of the herein described tract; Ld_Easement Encroachment Areas — 4 Tracts-34812.doc Page 3 of 9 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, 3, AND 4 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE North 88 degrees 15 minutes 56 seconds West, along the south line of said Utility Easement, a distance of 5.00 feet to a point for corner; THENCE North 00 degrees 23 minutes 42 seconds West, departing said south easement line and over and across said 20-foot wide Utility Easement, a distance of 20.01 feet to a point for corner on the north line of said 20-foot wide Utility Easement; THENCE South 88 degrees 15 minutes 56 seconds East, along said north easement line, a distance of 5.00 feet to a point for corner; THENCE South 00 degrees 23 minutes 42 seconds East, departing said north easement line and over and across said 20-foot wide Utility Easement, a distance of 20.01 feet to the POINT OF BEGINNING AND CONTAINING 100 square feet or 0.0023 acres of land, more or less. PART 4: ENCROACHMENT AREA # 4 8-INCH WASTEWATER LINE CROSSING A 16-INCH WATER LINE WITHIN A 15 FOOT WATER LINE EASEMENT BEING a 30 square foot (0.0007 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and also being a part of that 15-foot wide Water Line Easement dedicated by said IH35W Global Logistics addition, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" found for the southeast corner of said Lot 3, said point being on the West right-of- way line of IH35W (known as South Freeway); THENCE North 79 degrees 28 minutes 54 seconds West, departing said west right-of-way line of IH35W, and over and across said Lot 3, a distance of 152.40 Ld_Easement Encroachment Areas-4 Tracts-34812.doc Page 4 of 9 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, 3, AND 4 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS feet to a point on the south line of said 15-foot wide Water Line Easement for the POINT OF BEGINNING of the herein described tract, THENCE North 88 degrees 15 minutes 56 seconds West, along the south line of said water line easement, a distance of 2.00 feet to a point for corner; THENCE North 00 degrees 00 minutes 00 seconds West, departing said south easement line and over and across said 15-foot wide Water Line Easement, a distance of 15.01 feet to a point for corner on the north line of said 15-foot wide Water Line Easement; THENCE South 88 degrees 15 minutes 56 seconds East, along said north easement line, a distance of 2.00 feet to a point for corner; THENCE South 00 degrees 00 minutes 00 seconds East, departing said north easement line and over and across said 15-foot wide Water Line Easement, a distance of 15.01 feet to the POINT OF BEGINNING AND CONTAINING 30 square feet or 0.0007 acres of land, more or less. Notes: 1) Basis of bearings is the Texas Coordinate System of 1983, North Central Zone 4202. 2) This metes and bounds description was prepared with an easement exhibit of even date. 3) The intent of these metes and bounds descriptions and accompanying exhibit is to describe areas of utility lines crossing over other utilities and utility easements for the purpose of acknowledging those encroachment easements. k-� tj 6, J.2 3 1,L0 2 ANDREW J. S AFER REGISTERED PROFESSIONAL LAND SURVEYOR 50 TEXAS REGISTRATION NO. 5017 F, HALFF - TBPELS FIRM No. 10029600 Ld_Easement Encroachment Areas — 4 Tracts-34812.doc Page 5 of 9 ISEE SHEETPRIVATE _ — DRIVE i / _ LOT 3, BLOCK A 1 3�V GLOBAL LOGIST IAST. t O. D2203249q t Z s y I ✓ f >p M $ LOT 2, BLOCK A no IH35W GLOBAL LOGISTICS E.A. #2 I_:. *-n r INST. NO. D220324983 I A _ ISEE SHEET �_ -< o;,A � 8 OF 91 = ,,I ill —i —�� IH-35W GLOBAL LOGISTICS _ T E.A. # 3 (SEE SHEE 8 OF 91 INST. NO. D225064815 T L E.A. # 4 (SEE SHEET W. RENDON CROWLEY RD. ■ o ■ haLff I - VICINITY MAP 9l0 00.T 000 ?W3""l sUlrEeoa DATE: 06/23/2025 FRI6Cp, rx rsa54a BLVD. 31t alb 57a RRMO.71Y 9 OF 9) N 0 0 300 SCALE IN FEET "- i 600 1 LEGEND: E.A. ENCROACHMENT AREA 0 ENCROACHMENT AREA EASEMENT IH-35W GLOBAL LOGISTICS PHASE 2 - I FORT WORTH, TEXAS 004 AVO: 34812.Page 6 of 9 0 40 80 I I _ I I I I LOT 1, BLOCK A IH35W GLOBAL LOGISTICS LINE TABLE I INST. NO. D220324983 I NO. BEARS. DIST. I I L1 S00°15'43"E 20.00' I L2 S89-44'17"W 25.00' I I L3 N00°15'43"W 20.00' L4 N89044'17"E 25.00' I I I I I 20, UTILITY EASEMENT 1 45 ACCESS EASEMENT INST. NO. D220296430 1 INST. NO. 0220034605 ------�-- D.R.T�C.t I �------------- --- - -- - 60' PUBLIC ACCESS EASEMENT , POINT OFBEGINNING DOC.N0.0224084579 I I I S89°44'171'W - — 59.65' �- L3 -� �+ ' L 1 - ---------------- — +--� -- - - 20' WATER LINE EASEMENT L2 I INST. NO.0225064815 I I I L eA j - (500 SQL. -T.) I I,� LOT 3, BLOCK A IH35W GLOBAL LOGISTICS INST. NO- D225064815 Am r I 1 I 20' UTILITY EASEMENT INST. NO.0220296430 O.P.R.T.C.T, I I 20' UTILITY EASEMENT —� VOL. 9532. PG. 1900 I D.R.T.C.IT. halff■ ■ 3 SPARK OW&VU swTEMD rRisco r rso.v. , TOPE �A. W 312 10' UTILITY EASEMENT - — INST. NO. D225064815 ENCROACHMENT AREA #1 -EXHIBIT DATE: 06/23/2025 AVO:34812.004 SCALE IN FEET f I D 00O = --I m= E5;u =m �D o� FOUND CR,OW'S FOOT (C.M.) a POINT OF COMMENCING NOTE: IPRC PLAN REFERENCE: PUBLIC WATER LINE B LOCATION OF PRIVATE (2) 6X4' RCBC CROSSING 12" WATER LINE / 24" STEEL ENCASEMENT IN 20' PUBLIC WATER LINE EASEMENT DEDICATED BY INST. NO. D225064815 IMPROVEMENTS SHOWN HEREON IN LOT 3 ARE PROPOSED AND DO NOT EXIST AS OF THE DATE OF THIS EXHIBIT. LEGEND: E.A. ENCROACHMENT AREA ENCROACHMENT AREA EASEMENT IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH, TEXAS Page 7 of 9 0 _ 40 80 SCALE IN FEET 10' ONCOR EASEMENT INST. NO. D224228558 O.P.R.T.C.T. E.A. #2 LINE TABLE LOT 3, BLOCK A - - - - - - - - - IH35W GLOBAL LOGISTICS r I I NO. BEARS. DIST " I I L3 � Li N88`15'56"W 5.00' , INST. NO. D225064815 - EA # 2 I -® L2 N00°23'42"W 15.01' I L2 L4 I L3 S88°15'56"E 5.00' r L4 S00"23'42"E 15.01, L j L1 , POB L I EA#3 EA#2 - - (75 SQ. FT.) I. + L3 I POINT OF BEGINNING _ EA# 2 _ 15' WATER LINE D .i EASEMENT —t• — — — — — _ — — — — — _ — iNST_No. 0225064815 m L2 L4 ------ 07 ---------L-I— ______ - _ - L7 - L6 L8 ��—T _N85°27'36"w 47S 34 VOUTILITY TILIT T EASEMENT 17 --__----- _—=__—_-------_--_=_----�_- O ----- ----I -- N87-52'14'W=4 --- ----- -- _ 7 -- ---- __---_ - X EA # 3 LL5 POINT OF BEGINNING POINT OF m (100 SQ. FT.) EA # 3 COMMENCING 10' ONCOR EASEMENT EA # 2 AND EA #3 INST. N0. DZ24228558 O.P.R.T.C.T. NOTES: E.A. #2 IPRC PLAN REFERENCE: 1 PUBLIC WATER LINE C LOCATION OF PRIVATE 30" RCP CROSSING 16" r — — — L — — — WATER LINE IN 15' PUBLIC WATER LINE EASEMENT. DEDICATED BY EA # 2 E.A. #3 LINE TABLE i INST. NO. 0225064815. L7 I I I NO. BEARS. DIST. E.A. #3 j L5 N88-15'56"W 5.00' IPRC PLAN REFERENCE: PUBLIC WATER LINE C LOCATION OF % EA # 3 L6 N00°23'42"W 20.01 PRIVATE 30" RCP CROSSING L6 L8 i L7 S881556E 5.00' EXISTING 15" WASTEWATER L8 S00°2342"E 20.01' LOCATED IN 20' PUBLIC UTILITY EASEMENT. L5 POB i DEDICATED BY VOL. 9532, PG. 1900. IMPROVEMENTS SHOWN HEREON IN LOT 3 ARE PROPOSED AND DO NOT EXIST AS OF THE DATE OF THIS I EXHIBIT. LEGEND: E.A. ENCROACHMENT AREA ENCROACHMENT AREA EASEMENT ENCROACHMENT AREA #2 & #3 - EXHIBIT IH-35W GLOBAL LOGISTICS MEN m haLff _ PHASE2 FRISM. waooe�wsuaeeoo DATE: 06/23/2025 �AVO: 34812.004 FORT WORTH, TEXAS — F1103PA KWOO III-V e146154K3„ Page 8 of 9 T F E.A. #4 LINE TABLE NO. BEARS. DIST. L1 N88015'56"W 2.00' L2 N00000'00"W 15.01' L3 S88°15'56"E 2.00' L4 S00°00-00"E 15.01' r - - L3 - - - EA #4 j I I L2 L4 I I I I L1 •"' POB 1 �I 20- UTILITY EASEMENP VOL. 9532, PG. 1900 D.R.T.C.T. I �� 10' WATER LINE \� EASEMENT INST. NO.0225064815 I I I I I ❑II IO' UTILITY EASEMENT --.J—� INST. NO. 022506481 '5 O.P.R.T C.T.- -� I LOT 3, BLOCK A �I IH35W GLOBAL LOGISTICS INST. NO. D225064815 20' UTILITY EASEMENT—� INST. NO. D2202%430 O.P.R.T.C.T. S 20' UTILITY EASEMENT VOL. 9532,.P_G. 1900 r ' O.R.T.C.T. 20' WATER LINE EASEMENT -- L3 INST. NO.0225064815 — 15' WATER LINE EASEMENT INST. NO. D225064815 L4------------ - ---- N?9'28 54 Mw - = - 15214011 0 40 80 �I SCALE IN FEET I I I I I I I I I I I i�I I I I I I I I I C43 EA # 4 ILI" .1 POINT OF BEGINNING %EA#4 -P30 SQ_FT) '1------------------ -- 25'SANITARY SEMENT EEWER POINT OF INST. NO.223081148 . COMMENCING O.P.R.T.C.T. APPROXIMATE LOCATION t OF 5' TEXAS ELECTRIC SERVICE COMPANY EASEMENT VOL. 6074. PG. 933 e D.R.T` (CENTERLINE DESCRIPTIONI ` APPROXIMATE LOCATION OF CROWLEY MINERAL IN WELL DOC. NO. D206298984 O.P.R.T.C.T. l` LOT LINE NOTE: ' PRIVATE CIVIL PLAN REFERENCE: PUBLIC WATER LINE C LOCATION OF PRIVATE 8" WASTEWATER CROSSING 16" WATER LINE IN 15' PUBLIC WATER LINE EASEMENT. DEDICATED BY INST. NO. D225064816 LEGEND: II ...I ................. I -O- IMPROVEMENTS SHOWN HEREON IN LOT 3 ARE PROPOSED AND DO NOT E.A. ENCROACHMENT AREA EXIST AS OF THE DATE OF THIS a EXHIBIT. ENCROACHMENT AREA EASEMENT SON ENCROACHMENT AREA #4 - EXHIBIT IH-35W GLOBAL LOGISTICS i i haV. « PHASE 2 3K3 PAPJ WOCO SLSUITE 600 I FORT WORTH, TEXAS FRSCO.T 7.34VAI I DATE: 06/23/2025 .1 AV0: 34812.004 (.,4)6IL4f16 1 Page 9 of 9 TBPE FU Mk.3t] _ EP #1 _PRIVATE DRIVE�_,� � I - i'.LililYl1111tW�ilu. � II II -- � I f - {{ 1-L . EP#2 EP#4 \ I _ + EP #3 �I 0 300 600 IW RENDON CROWLEY RD SCALE IN FEET LEGEND: ENCROACHMENT POINT �CP #1 - CONTROL POINT mom VICINITY MAP I IH-35W GLOBAL LOGISTICS ■�■ half PHASE2 hWlxI DATE: 06/26/2025 I AVO: 34812.004 I t.FORT WORTH, TEXAS i 0 40 80 E.A. #1 LINE TABLE I + NO. BEARS. DIST. LOT 1, BLOCK I SCALE IN FEET L1 S00°15'43"E 20.00, IH35W GLOBAL LOGISTICS _ _ _ _ _ - INST. NO. D220324983 I T 1 L2 S89°44'17"W 25.00' � L3 N00°15'43"W 20.00' L4 N89°44'17"E 25.00' 1 60' PUBLIC ACCESS EASEMENT DOC. NO. D224084579 I I 45ACCESS EASEMENT -- iD.R.T.C.T. INST. NO. D220034605 1 � - 7r --- 20' UTILITY EASEMENT INST. NO. D220296430 A I II POINT OF BEGINNING CID #1 20' WATER LINE EASEMENT INST NO D225064815 I I L4 S89°44'17"W � �- - ---- _ _-- 59.65' � 3 y POINT OF COMMENCING L-t�`I-- EP #1 z PROPOSED PUBLIC I i I Ii WATER LINE IPRC PLAN REFERENCE: i PUBLIC WATER LINE B LOCATION OF PRIVATE i (2) 8'X4' RCBC CROSSING 12" WATER LINE / 24" STEEL ENCASEMENT IN 20' PUBLIC WATER EASEMENT. INST. NO. D225064815 PROPOSED PRIVATE STORM DRAIN j 20' UTILITY EASEMENT j INST. NO. D220296430 LOT 3, BLOCK A O.P.R.T.C.T. IH35W GLOBAL LOGISTICS INST. NO. D225064815 20' UTILITY EASEMENT I VOL. 9532, PG. 1900 1 D.R.T.C.T. ` ' 10' UTILITY EASEMENT' - INST. NO. D225064815 i _I ` LEGEND: EP #1 ` ENCROACHMENT POINT �CP #1 CONTROL POINT A� OL m ENCROACHMENT POINT #1 PLAN EXHIBIT I IH-35W GLOBAL LOGISTICS ■•■ hLff ! PHASE2 FWJCNkk. I DATE: 06/26/2025 AVO: 34812.004 FORT WORTH, TEXAS L I k tl J 725 PRIVATE STORM SEWER A SCALE ' HORIZ.: 1" = 60' VERT.: 1" = 6' Q Q 720 W 00 O �— 715 I � cn cn . t co > . X �o to 0 cc c W = o optp o oU z U a'z x Q ¢+ Q Qv 710 v 4 m c~n 705 PROPOSED GROUND 700 695 EXIStNG GROUND HGL LINE - 690 2 '8'X4' RGB @ 0.20% t � 685 EP-1 i 680 12" W,kTER W/ 24" STEEL ENCASEMENT CROSSING FL = 682.3, zz0 Zzp 675 777 N v N w 8 k00 co co co co Lo co co co 00 cv r) o m o u If If oil a u a rn v_ x- to x if a0 N 00 co to co 1 bo a0 00 � 11 11 670 LL W LL L.L W LL LL LL LL LL LL W LL -1+00 -0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 m Eno mE■■ h �Lf I EP-1 ENCROACHMENT STORM PROFILE EXHIBIT I IH-35W GLOBAL LOGISTICS II PHASE 2 )A? 4:YlUGPJ. L.70 I DATE: 06/02/2025 I I AVO: 34812.004 I FORT WORTH, TEXAS M9 LM:9 { F ftlkC .A !JM I �- LOT 3, BLO K A IH35W GLOBAL LOGISTICS - - INST. NO. D225064815 f» L3 EP #2V_ _ L2 I 1 0 40 80 110' ONCOR EASEMENT SCALE IN FEET III INST. NO. D224228558 1 1 O.P,R.T.C.T. PROPOSED PRIVATE ISTORM DRAIN IPRC PLAN REFERENCE: PUBLIC WATER LINE C LOCATION OF //III PRIVATE 30" RCP CROSSING 16" WATER ILINE IN 15' PUBLIC WATER EASEMENT. INST. NO. D225064815 r- L4 II (' ' II1 PROPOSED PUBLIC WATER LINE POINT OF BEGINNING #2 15' WATER LINE EASEMENT INST. NO. D225064815 - N85°27'36"VL -- - --- -- _ _- N87°52,14"W - 34 _- 7 - L6 = �474.041- LIT L5 \ I POINT OF BEGINNING #3 I 1 IPRC PLAN REFERENCE PUBLIC WATER LINE C LOCATION OF PRIVATE 30" RCP CROSSING EXISTING 15" WASTEWATER LOCATED IN 20' PUBLIC UTILITY EASEMENT. VOL. 9532, PG. 1900 I 10' ONCOR EASEMENT INST. NO. D224228558 O.P.R.T.C.T. E.A. #2 LINE TABLE NO. BEARS. DIST. L1 N88°15'56"W 5.00' L2 N00°23'42"W ' 15.01' L3 S88°15'56"E 5.00' L4 S00023'42"E 15.01' ONE ONE halff ■A■ 1•ui ��lJIKN'J� V FL'•J. I 20' UTILITY EASEMENT VOL. 9532, PG. 1900 D.R.T.C.T. EXISTING PUBLIC SEWER LINE E.A. #3 LINE TABLE POINT OF COMMENCING #2 & #3 NO. BEARS. DIST. L5 N88°15'56"W I 5.00' L6 N00023'42"W 20.01' L7 S88°15'56"E 5.00' L8 S00°2342"E 20.01' ENCROACHMENT POINT #2 & #3 PLAN EXHIBIT DATE: 06/26/2025 11 AVO:34812.004 CP #2 LEGEND: ,�`EP #1 ENCROACHMENT POINT LrCP #1 CONTROL POINT -4 IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH, TEXAS I PRIVATE STORM SEWER C I - - 720 SCALE II II U HOO.: 1" = 60' U U VERT.: 1" = 6' W 715 colu - - w U) M U U g U O O g u u S O W c 0 O J o — -- — F- Z_ o o ►D ON �I (D O(V �} X U Qx F¢-FF--i0QZ QQX cn cn (h U)° U) U)-M - - 705 700 F- F- ZZ0 ZO cM COO M Cco OD M (D (D (D (D (D II II II p If II co N c(SM f M � II M II J J J J J J J U- U- LL !1 1.1- LL LL ► 5+50 6+00 .. halff EL SLE L A G EP-2 16" WATER CROSSING FL = 688.82 1 iEP-3 15" WASTEWATER CROSSINO FL = 690.42 i Z Zo M (OD M N O O O co (D W () O �Y .= II If II .-- (rj (OD II O � O (OD (M N M II (OD II COO II J LL J J J J LL LL LL LL J LL J LL 6+50 7+00 7+50 8+00 EP-2 & EP-3 ENCROACHMENT STORM PROFILEI EXHIBIT DATE: 06/02/2025 II AVO:34812.004 695 .m 685 .:i I- - - - 675 O N tO o� .° 670 CO M L6 J m U- co LL 665 8+50 9+00 9+50 IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH, TEXAS -li 1 0 40 80 20' WATER LINE EASEMENT INST. NO. D225064815 k I SCALE IN FEET 20' UTILITY EASEMENT - INST. NO. D220296430 ' O.P.R.T.C.T. 20' UTILITY EASEMENT I -� \ f ^I VOL. 9532, PG. 1900 D.R.T.C.T. LOT 3, BLOCK A 10' UTILITY EASEMENT IH35W GLOBAL LOGISTICS INST. NO. D225064815 I' INST. NO, D225064815 PRIVATE CIVIL PLAN REFERENCE: \ - PUBLIC WATER LINE C LOCATION OF _ PRIVATE 8" WASTEWATER CROSSING 10' WATER LINE EASEMENT U 16" WATER LINE IN 15' PUBLIC WATER INST. NO. D225064815 I EASEMENT..�INST. NO. D22ii5064815 i PROPOSED PUBLIC ` WATER LINE L3 EP #4 15' / WATER LINE EASEMENT INST. NO. D225064815 I L2 - L4 _ I EXISTING PUBLIC L1 i EWER LINE I N7g� II . 28S4 "w � CP #3 POINT OF ~, BEGINNING - 20' UTILITY EASEMENT I VOL. 9532, PG. 1900 D.R.T.C.T. - � V 25' SANITARY SEWER EASEMENT INST. NO. 223081148 O.P.R.T.C.T. POINT OF COMMENCING I APPROXIMATE LOCATION -APPROXIMATE LOCATION OF 5' TEXAS ELECTRIC _ OF CROWLEY MINERAL 1 H WELL SERVICE COMPANY EASEMENT DOC. NO. D206298984 VOL. 6074, PG. 933 0.P.R.T.C.T. D.R.T.C.T. (CENTERLINE DESCRIPTION) 516N r� mom halff kwotw �wz E.A. #4 LINE TABLE NO. BEARS. DIST. L1 I N88°15'56"W 2.00. j L2 I N00°00'00"W 15.01' L3 I S88°15'56"E 2.00' L4 S00°00'00"E 15.01' ENCROACHMENT POINT #4 PLAN EXHIBIT DATE: 06/26/2025 II AVO:34812.004 LEGEND: EP #1 ENCROACHMENT POINT �CP #1 CONTROL POINT IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH. TEXAS 715 PRIVATE WASTEWATER WW-4 1 715 SCALE HORIZ.: 1" = 40' VERT.: 1" = 4' j Z w 0 1 1 I Z Z Z 710X boo i 710 Lu o 0 0 w o'rr0 o ff LL ljcip+� �+wI Zw Oz2i 1 o QZw ' 705 cov� U) 0 w 705 I PRPPOSED /� / iGRADE EXISTING- ` `FILL TOi BE:PLACED AND 700 GRADE 1 COMPACTED TO 95% STE 700 _ PROCTPR -DENSITY"PER - CITY Off' FORT- WORTH. I SPECIFICATION 33 05 10 EP-4 BEFORE WATER LINE 16" WA -ER CROSSING CONSTRUCTION. FL = 695.10� i 695 CEMENT STABILIZED 695 �-� SAND ENCASEMENT " 8" PVC @ i 5.34% 690 i690 �-► —20' l-F 8" PVC SDR-26 (PRESSURE DATED PER ASTM D2241) C i Iii i` 685 685 Z I--- ', _ # Z0 0 qT I SAC W 1 foD n u I n co CO co 680 U- U U- l 680 -0+50 0+00 0+50 1+00 iii haLff EP-4 ENCROACHMENT WASTEWATER PROFILE EXHIBIT DATE: 06/02/2025 II AVO:34812.004 IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH, TEXAS EXHIBIT B Franchise Utility Letters Tier 11 Easement Encroachment Agreement Page 11 of 12 Updated 2024 Docusign Envelope ID: EF386C88-3E81-47CF-9466-238419D9C580 ATMOS energy July 24, 2025 Re: Encroachment into Utility Easement Location: 12100 S Freeway, Fort Worth, TX 76028 Brian Stagaj, 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, Signed by: 3.so�/:. 0769AE18EODD48B... Jason Gilson Project Specialist Atmos Energy Email: tinioth rilsonlu�atmosener�rI�.com Atmos Energy Corporation 901 Altamesa, Fort Worth, Texas 76134 P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com AT&T AT&T Right -of -Way 1116 Houston St, Rm. 1412 Fort Worth. TX 76102 July 24, 2025 Phillip Romero, LEED BD+C Peinado Construction 15815 Executive Drive, Suite# 500 Frisco, TX 75033 RE: AT&T Letter of No Objection — Crossing of a UE for Storm Drain Construction IH35NV Global Logistics Addition — Lot 3, Block A — D225064815 Fort Worth, Tarrant County, Texas Mr. Romero, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction of the private storm drain line, which will cross an existing 20' wide platted Utility Easement, on the property referenced above at 11800 South Fwy. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before n,ty 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 ra r .Larcia @att.coni NC R July 24, 2025 ONCOR Electric Delivery LLC 777 Main St. Suite 707 (1033-06) Fort Worth, TX 76102 617-215-2071 DerekVanDevander2@oncor.com Distribution Right -of -Way Customer / Contractor Name: Steven D. Bradford/Ascendant Commercial Street Address: City / State / Zip: To whom it may concern, 12100 S. Freeway Fort Worth, TX 76028 Re: Being a 20' utility easement located in Lots 2 & 3, Block A, IH35W Global Logistics Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas. Oncor Electric Delivery Company, LLC has no objection to a proposed improvement affecting the 20' utility easement referenced in the aforementioned description and originally recorded in Vol. 9532 Pg. 1900, Official Public Records of Tarrant County, Texas, and as indicated by Ascendant Commercial to be a private 30" RCP storm drain crossing. Sincerely, Derek VanDevander,�e,` Distribution -Right of Way Spectrumoo. July 23, 2025 RE: Easement encroachment Location: 12100 S. Freeway, Fort Worth, Texas 76028. Spectrum Communications hereby grants an encroachment for the purpose of building into portion of the Utility Easement associated with the property located at; 12100 S. Freeway, Fort Worth, Texas 76028. 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 (hrtps://texas81 1.ony/) 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 trui, John Janusik I Business Development Specialist 1776 N Greenville Ave I Richardson, TX 75081 Email: john.'anusik@)charter co_m Office: 214.319.4904 Mobile: 214.724.5815 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Updated 2024 .