HomeMy WebLinkAboutContract 63808Date Received: 8/13/2025
Time Received: 1:35 p.m.
Record Number: PN25-00117
City Secretary No.: 63808
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 Pate Ranch Retail, LP, a Texas
limited partnership ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of a portion of real property, of Tavolo Park,
an addition to the City of Fort Worth, Tarrant County, Texas, ("Property"), the subject
portion known as Lot 1R3, Block 1, included in the Special Warranty Deed as recorded
in the Official Deed Records of Tarrant County, Texas, by Instrument Number
D215248526; and
WHEREAS, the City owns 15' water easement, 35' drainage easement, 35'
sewer easement, mutual access & utility easement 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-24-152), which plat is recorded in the plat records of
Tarrant County as Instrument D225113199; and
WHEREAS, the City owns a 25' water easement (the "Public Property")
adjacent to the property, dedicated to the City in an easement filed in the Tarrant County
Deed Records as Instrument Number D209200964, as depicted on the final plat of the
property ( FS-24-152), which plat is recorded in the plat records of Tarrant County as
Instrument Number D225113199; 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:
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13
CITY SECRETARY Updated 2024
FT. WORTH, TX
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private storm water drainage facilities (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.
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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.
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.
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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.
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
Tier 1I Easement Encroachment Agreement Page 4 of 13
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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.
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.
Tier 11 Easement Encroachment Agreement Pagc 5 of 13
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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.
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.
Tier II Easement Encroachment Agreement Page 6 of 13
Updated 2024
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 H Easement Encroachment Agreement Page 7 of 13
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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
�aCto�r tta��eCC
By: ,
D. J. Harrell
Director, Development Services Department
Date: 08/12/2025
oonn
4Fonr �aa
ATTEST: p, o opdo
0
C �j � QpBn nEoA5a4p
Jannette Goodall,
City Secretary
Approved As To Form and Legality
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 8 of 13
Updated 2024
Licensee:
Pate Ranch Retail, LP
a Texas limited partnership
By: TKG Pate Ranch Retail Realty, L.L.C.
a Missouri limited liability company
its general partner
Sy. ✓
Name: 3R Ji kl4z'�
Title: Authorized Representative
Date: AQ2-5
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of Sf ,
2025, by Julian Hawes, Jr., Authorized Representative of TKG Pate Ranch etail Realty
LLC, a Missouri limited liability company, General Partner of Pate Ranch Retail LP, a
Texas limited partnership, on behalf of said company and partnership.
a ry Publi n and for th ;Stto of Texas
[S •
4�}7Y Plg ice` JENNIFER TAYLOR
n1LNotary Public, State of Texas
Comm. Expires 05.05-2027
Notary ID 134344592
Tier II Easement Encroachment Agreement Page 9 of 13
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ly Vtl1'1'J■ �LIJ ►l/1 II 11''lIJ N ILIJ NI NLYLIJNI N I I<iJ W 11 L" paw'J�IJI'lrl' �1
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
August 202 5
Irtzl'/d �(61M
HAND AND SEAL OF OFFICE this 12thday of
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement
Wendy Beardslee
My Commission Expires
�el
712812029
Notary ID133237193r
i
Page 10 of 13
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EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 13
Updated 2024
PAGE 1 OF 2
ENCROACHMENT #4
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.022 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1 R3, Block 1 of Tavolo Park,
Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number D225113199
of the Plat Records of Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a 112 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set
at the intersection of the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way) and the South right-of-way line of Altamesa Boulevard (a variable
width right-of-way), being the Northeast corner of said Lot 1 R3;
THENCE, S06°47'33"W, along the West right-of-way line of said Chisholm Trail Parkway, being
the common East line of said Lot 1 R3, a distance of 208.60 feet to the POINT OF BEGINNING;
THENCE, S06047'33"W, continuing along the West right-of-way line of said Chisholm Trail
Parkway and the common East line of said Lot 1 R3, a distance of 15.02 feet to a point from
which a 112 inch iron rod with blue plastic cap stamped "GORRONDONA & ASSOC. INC." found
at an angle point in the West right-of-way line of said Chisholm Trail Parkway, being the common
East line of Lot 1 R4 of said Block 1, bears S06°47'33"W, a distance of 118.87 feet;
THENCE, leaving the West right-of-way line of said Chisholm Trail Parkway, over and across
said Lot 1 R3, the following three (3) courses and distances:
1. N86013'16"W, a distance of 63.12 feet to a point;
2. N11°32'36"E, a distance of 15.14 feet to a point;
3. S86°13'16"E, a distance of 61.88 feet to the POINT OF BEGINNING and containing an area
of 0.022 acres (937 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940)222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY DATE
2401.063-26 PM 06-24-2025
hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
1E OF TF
Al� 2�GSST$RF'�
. ..... AN ..... MALLON
r'•Q..717Q �
06 ail-ada5
Patrick Mallon �.SUj�v� Date
R.P.L.S. ## 7170 C?
ENCROACHMENT #4
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LINE TABLE
I LINE BEARING DISTANCE �
HEAYH SURVEY q�7-q� L1 S 06051'32" W 15.02'
J0NA STRAGT NO 6�1 PUBLIC RlGNr as 80 who VgRd ( L2 N 11 °32'36" E 15.14'
�ARrs POC
CIRS
10' T.E.S.CO. EASEMENT l
VOL. 1835, PG. 305 - D.R.T.C.T. j
VOL. 4B31, PG. 384 - D.R.T.C.T.
APPROXIMATE LOCATION AS SCALED I t
PER DOC. NO. D218217374 - PR.T.C.T, f f
LOT 1R3°r°
BLOCK 1 I ( n --1 2
TAVOLO PARK, j I N � O
LOTS 1R1-1R4& I —
LOT 1 RX, BLOCK 1 ffl j f
DOC. NO. D225113199 1S 86013'16" E 61.88' PO B � —
P.R.T.C.T. I ! ' n = n
r
��! I n -U
W
35' PUBLIC SANITARY -- 1 N 86 I 63.12`
SEWER EASEMENT
DOC. NO. D225113199 1 f
P.R.T.C.T. II 1 ENCROACHMENT #4
0.022 ACRES (937 SQ.FT.)
VARIABLE WIDTH l f w
DRAINAGE EASEMENT ! j j f _
DOC, NO. D225113199
P.R.T.C.T. 1
i I� 1 i {
1 V
25' PERMANENT WATER I f
FACILITY EASEMENT t f '
DOC. D.R.T.C.T. 00964 10' UTILITY EASEMENT
f I , DOC. NO.
D218 17374
P.RLOT 1 R4 `� t L
BLOCK 1 112" CIRF
"GORRONDONA
ASSOC. INC.
i I NOTE: Bearings are based on GPS observations utilizing the AIITerra RTK
i I i Network, North American Datum of 1983 (Adjustment Realization 2011).
PAGE 2OF2
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER I DRAWN BY I DATE
2401,063-26 PM 06-24-2025
N
III = 40'
0 20 40
LEGEND
p
BOUNDARY MONUMENT
CIRF
CAPPED IRON ROD FOUND
POB
POINT OF BEGINNING
POC
POINT OF COMMENCEMENT
DOC. NO.
DOCUMENTNUMBER
P.R.T.C.T.
PLAT RECORDS,
TARRANT COUNTY, TEXAS
D.R.T.C.T.
DEED RECORDS,
TARRANT COUNTY, TEXAS
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY TEXAS
PAGE 1 OF 2
ENCROACHMENT O
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LEGAL DESCRIPTION
Being a 0.014 acre tract of land out of the John F. Heath Survey, Abstract No. 641, situated in
the City of Fort Worth, Tarrant County, Texas, being a portion of Lots 1 R3 and 1 R4, Block 1 of
Tavolo Park, Lots 1 R1-1 R4 and Lot 1 RX, Block 1, a subdivision of record in Document Number
D225113199 of the Plat Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at a 112 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set
at the intersection of the West right-of-way line of Chisholm Trail Parkway (State Highway 121 - a
variable width right-of-way) and the South right-of-way line of Altamesa Boulevard (a variable
width right-of-way), being the Northeast corner of said Lot 1 R3;
THENCE, S31 °30'29"W, leaving the west right-of-way line of said Chisholm Trail Parkway, over
and across said Lot 1 R3, a distance of 286.97 feet to the POINT OF BEGINNING;
THENCE, continuing over and across said Lots 1 R3 and 1 R4, the following six (6) courses and
distances:
1. S02010'09"E, a distance of 44.38 feet to a point from which a 112 inch iron rod with blue
plastic cap stamped "GORRONDONA & ASSOC. INC." found at an exterior ell corner in the
West right-of-way line of Chisholm Trail Parkway, being an interior ell corner in the common
East line of said Lot 1 R4, bears S64038'42"E, a distance of 119.28 feet;
2. N83013'10"W, a distance of 6.07 feet;
3. N02010'09"W, a distance of 39.31 feet;
4. N71°06'14"W, a distance of 70.86 feet;
5. S83012'35"E, a distance of 28.61 feet;
6. S71'06'14"E, a distance of 47.01 feet to the POINT OF BEGINNING, and containing an
area of 0.014 acres (605 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AIITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011),
EAGLE SURVEYING, LLC
222 S. ELM STREET
SUITE: 200
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
JOB NUMBER DRAWN BY I DATE
2401.063-29 PM 06-30-2025
hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a Registered
Professional Land Surveyor under the laws of the State of Texas
RATW ANTHONY MALLON
•.A ..7170 •�
06---.�Or'adas
Patrick Mallon �•SUR\J� Date
R.P.L.S. # 7170 �7
ENCROACHMENT #9
John F. Heath Survey, Abstract No. 641
City of Fort Worth, Tarrant County, Texas
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 02'10'09" E
44.38' 1
L2
N 83013'10" W
6.07'1
L3
N 02010'09" W
39.31' 1
L4
N 71006' 14" W
70.861
L5
S 83012'35" E
28.61'1
L6
S 71 °06'14" E
47.01'
IOHABATAL H SURREY,
S'T NO.641
PUg CTR A4'E�oA BOtjLEVA
wAY WIOTN VgRD S rl ^ i-.�
CIRS
35' PUBLIC LOT
I
DRAINAGE EASEMENT TAVBLOCKK
PARK,
DOC. NO. D218217374 LOOTSTS 1 R 4 &
P.R.T.C.T. LOT 1RX, BLOCK 1
DOC. NO. D225113199
Lg6
ISWATER EASEMENT P.R.T.C.T. y1 f
DOC. NO. D218217374
P.R,T.C.T.
POB
�4
1
l�
— ENCROACHMENT #9
0.014 ACRES (605 SQ,FT.) \ 1
4
-35' PUBLIC SANITARY
SEWER EASEMENT
DOC, NO, D225113199 S64o�
P.R.T.C.T.
VARIABLE WIDTH MUTUAL
LOT 1R4 ACCESS & UTILITY EASEMENT
BLOCK 1 DOC. NO. D225113199
I
1/2" CIRF
TAVOLO PARK, P.R.T.C.T. I
"GORRONDONA
LOTS IR1-1R4 &
&ASSOC, INC.
LOT 1 RX, BLOCK I I
DOC. NO. D225113199
P.R.T.C.T. I
NOTE: Bearings are based on GPS observations
utilizing the AIITerra RTK
Network, North American Datum of 1983 (Adjustment Realization 2011),
PAGE 2OF2
EAGLE SURVEYING, LLC N
222 S. ELM STREET O
LEGEND
BOUNDARY MONUMENT
CIRF
CAPPED IRON ROD FOUND
SUITE:200 POB
POINT OF BEGINNING
DENTON, TX 76201 POC
EAGLE DOC.NO.
t940 3 222-3009 P.R.T.C.T.
POINT OF COMMENCEMENT
DOCUMENTNUMBER
PLAT RECORDS,
SURVEYING TX FIRM # 10194177 D,R.T.C.T.
TARRANT COUNTY, TEXAS
DEED RECORDS,
TARRANT COUNTY, TEXAS
— 40' O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
JOB NUMBER
DRAWN BY
DATE
TARRANT COUNTY TEXAS
2401.063-29
PM
06-30-2025 0 20 40
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Updated 2024
Docusign Envelope ID: 5BD664A9-0477-4F98-B467-4FE81A29749E
' -11,11, k ' ''
WIT.
July 22, 2025
Re: Encroachment into Utility Easement
Location: Altamesa Blvd & Harris Pkwy, Fort Worth, TX 76123
Mark Torres,
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,
CSigned by:
uS6W 6 tik l u
D761AE18EODD48B.,.
Jason Gilson
Project Specialist
Atmos Energy
Email: tii-notllv.(iIson Or,atrnosenen2y.com
Atmos Energy Corporation
901 Altamesa, Fort Worth, Texas 76134
P 917-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com
AT&T
AT&T Right -of -Way
11161louston St, Rm. 1412
Fort Worth,TX 76IO2
August 1, 2025
Mark Torres
Clay Moore Engineering
3231 Harwood Road
Bedford, TX 70021
RE: AT&T Letter of No Objection — Storm Water and Sanitary Sewer Lines
Tavolo Park Addition — Lots 1R1 to IR4, Block 1— D225113199
Fort Worth, Tarrant County, Texas
Mr. Torres,
Southwestern Bell Telephone Company, dIb/a AT&T Texas, has no objections to the construction
of the storm water and sanitary sewer lines on the property referenced above at 5901 Altamesa
Blvd.
It is not the intent of this Ietter 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 casement/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 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,
grA dv.'�
Ray A. Garcia
AT&T — Sr. Specialist OSP Design Engineer I Right -of -Way
$17.550-7576
ray.sarcia@att.com
July 31, 2025
Customer / Contractor Name: Mark Torres/C lay M o ore Engineering
Street Address:
City / State / Zip:
To whom it may concern,
5901 Altamesa Blvd.
Fort Worth, TX 75132
ONCOR Electric Delivery LLC
777 Main St Suite 707 (1033-06)
Fort Worth, TX 76102
817-215-2071
DerekVanDevander2@oneor.com
Distribution Right -of -Way
Re: Lots 1R1-1R4, 1RX, Block 1, Tavolo Park, being a 20.34 acre tract of land.
Oncor Electric Delivery Company, LLC has no objection to the proposed improvement(s) affecting a
utility easement located on the aforementioned property recorded under instrument number
D218217374 and as indicated by Clay Moore Engineering to be storm drain, sewer line, and water
line, provided the proper clearances are maintained.
Sincerely, vbife�j�
Derek VanDevander
Distribution -Right of Way
Spectrumo,
July 15, 2025
RE: Easement encroachment
Location: Altamesa Blvd & Harris Pkwy, Fort Worth TX 76123
Spectrum Communications hereby grants an encroachment for the purpose of building into
portion of the Utility Easement associated with the property located at; Altamesa Blvd & Harris
Pkwy, Fort Worth TX 76123. 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 facilities within this easement. If it has not already
taken place, please call 1-800-DIG-TESS (httns://texas8l 1.or(-,/) 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,
, , Charter
noo
John Janusik Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: john .j- usil(echarter.com
Office: 214.319.4904
Mobile: 214.724.5815
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Updated 2024