Loading...
HomeMy WebLinkAbout064332 - Construction-Related - Contract - QT South, LLCDate Received: 11/20/2025 Record Number: PN24-00192 Time Received: 4:07 p.m. City Secretary No. 64332 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER If 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 QT South, 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 3336 Alliance Gateway Freeway, Fort Worth, Texas 76244 ("Property"), being more particularly described as, Lot 5, Block 1, of Lone Star Crossing SW Corner Beach 170 Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D223174817; and WHEREAS, the City owns a public utility, a water, and sanitary sewer easements (the "Public Property") adjacent to the property, dedicated to the City in easements filed in the Tarrant County Deed Records as Instrument Numbers D223073126, D223073492, D205227056, and D197187979, as depicted on the final plat of the property (FP-22-176), which plat is recorded in the plat records of Tarrant County as Instrument Number D223091930; 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 Standard OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 12 Updated 2024 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, operating, and maintaining a monument sign, a storm line, and electrical lines (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" without written consent in the form of an encroachment agreement amendment. 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 for review and approval. 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. Tier II Easement Encroachment Agreement Page 2 of 12 Standard Updated 2024 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 equal to or better than existed prior to the commencement of construction of the Encroachment. 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 as provided herein, 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. Prior to assessing a lien on the Property, City shall give Licensee thirty (30) days to cure. 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. Tier II Easement Encroachment Agreement Page 3 of 12 Standard Updated 2024 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 (COLLECTIVELY THE "INDEMNIFIED PARTIES") 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, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE INDEMNIFIED PARTIES; 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 Tier II Easement Encroachment Agreement Page 4 of 12 Standard Updated 2024 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 promptly 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 II Easement Encroachment Agreement Page 5 of 12 Standard Updated 2024 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 12 Standard 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 II Easement Encroachment Agreement Page 7 of 12 Standard Updated 2024 EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH Moil f4yl-eu By: Dalton Harrell(Nov 20, 202508:45:11 CST) D. J. Harrell Director, Development Services Department 11/20/2025 Date: ATTEST: Jannette Goodall, City Secretary Approved As To Form and Legality: Name: 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 Tier II Easement Encroachment Agreement CITY SECRETARY FT. WORTH, TX Page 8 of 12 Updated 2024 Licensee: QT South, LLC a Texas limi d liability company By: Name: Thomas P. Edwards Title: President Date: I,[ - b (.., - ').©Q. 5 STATE OF -T-jj X 4 r § COUNTY OF E) A "A-5 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Thomas P. Edwards, President (Title) ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of QT South, LLC, a Texas limited liability company (Entity Type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of j )Wr,%AgER ,2025. otary PuW in End for the State of Tier II Easement Encroachment Agreement TARIQ SAMUELS a' 'm MY Notary IQ # 134769M Expires February 19, 2028 Page 9 of 12 Updated 2024 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 20th day of November , 2025. 'V� 8&�wd; & Wendy 6Ea &[- Nov 20, 202514:57:32 CST) Notary Public in and for the State of Texas Wendy Seardslee My Comml sl Expires le 712$120 29 Notary 10133237193 Tier II Easement Encroachment Agreement Page 10 of 12 Updated 2024 EXHIBIT A Depiction and description of the Encroachment Tier I1 Easement Encroachment Agreement Page 11 of 12 Updated 2024 KELLER HASLET o RD. E G � P���PNG z 170 0 z w a Q o ? � O � � Q H SITE �s Q �.A GAP Q Vicinity Flap Not to Scale EXHIBIT A - VICINITY MAP OWNER/DEVELOPER: QUIKTRIP No. 1862 QUIKTRIP CORP. 4705 SOUTH 128THE4STAVENUE w.msDATE: June 2026 TULSA, OH 74134-7008 5200 STATT E HIGHWAY 121 PHONE: (918) 615-7685 COLLEYVILLE, TX 76034 Phone: 817488-4960 f rt NaE'ZwATe— N66°24'47"E sss°2a'a7�ni .i0. ENCROACHMENT #2 PROP. CONDUIT FOR SITE LEGEND ge -° 01AV Uge — U UNDERGROUND ELECTRICAL/ TELEPHONE ------- Bour Ow U!E SERVICE LINE °0mcm V" ad Gum S68°,9 S53 43.9' 35. 3 .9'28 I — SS — sSc' — — — 6879'2W'V4— 43.11' 5.54' — — Wtr _ lI Wtr -4.0° LJ b 30' SANITARY SEWER ENCROACHMENT #I- I I4Z, z & WATER ESMT. PROP. 12" STORM O I II �o (INST.J D C.R.T.C.T.) i PIPE (RCP) C T ic� aj 13 P ,0O ( 5 O � i 0 O 0 Q ( i i o 0 o o I I i i C I 15' DRAINAGE EASEMENT (C.R. T.G. T.) — — — — — — — — — — --� -- -------------_�»_ — — -- — — — — — — — - ff 0- M?11-�' o VARM&E WIDTH GAS & SALTWATER ESMNT 0 ( - (1NST.# D212035235, O.P. R. T. C. T.)(TRACT 3) ENCROACHMENT OP. JT — _ — 10' GAS & SALTWATER EASEMENT SIGN & CO (INSTI D212035235, O.P.R.T.C.T.)(TR4CT 1) pI — —r — wtr '�& aS �$ � gas --' wtrTru — — - -- --- 20' WATER„iLI1V£_ ESMT. wtr wtr sea°t zo•E (INST# D 227056 C.R.T.CT.) a0.30' --- -- ----- ----- --^-- SS 20' PUB UTILITY ESMT. --_. m — SS - SS ss N23°15'45"W oti,J937, 269, C.R.T.C.T) ao.3a aY�111� 217.66 - - -- — _ �.a0c g EXHIBIT C - ENCROACHMENT AGREEMENT UTILITY' -gas . .................... .......... OWNER/DEVELOPER: QUIKTRIP No. 1862 QUIKTRIP CORP. 0 20 /y DATE: June 2025 4705 SOUTH 129TH EASTAVENUE TULSA, OK 74134-7008 E:a rl N E E R IYNn PHONE (918) 615-7685 5200 STATE HIGHWAY 121 L GRAPHIC SCALE Phoe:817-a88-a 60a LEGEND OF ABBREVIATIONS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83). 5/8' RESAR 'PELOTON' (C.M.)^ v N66° 19'42 "E � 0 10' 20' SCALE: I" = 20' 5/8' REBAR 'PELOTON' (C.M.)w W � oOI'T M pN I M / LOT 5, BLOCK 1 \ LONE STAR CROSSING 14.06' S'6RaJ9 SW CORNER BEACH 170 ADDITION 48' DOC.# D223091930, O.P.R.T.C.T. POINT OF N68°I9¢8„� BEL�INNING 43091 SANITARY DOC.# D2230 SEWER T.C.T. / / S66024'23 "W / PUBLIC ACCESS EASEMENT AGREEMENT \\ / 0.010 ACRES 1 431 SQ. FT. DOC.# D223079565, O.P.R.T.C.T. APPROXIMATE LOCA710N AS SCALED OF EASEMENT ENCROACHMENT CROSS ACCESS EASEMENT AREA DOC.# D223097442, O.P.R.T.C.T.,. LOT 4, BLOCK 1 \ LONE STAR CROSSING SW CORNER BEACH 170 ADDITION�/� DOC.# D223091930, O.P.R.T.C.T. LOT 9, BLOCK 1 LONE STAR CROSSING SW CORNER BEACH 170 ADDITION DOC.# D223091930, O.P.R.T.C,T. s aRRT n Ci-I+gpq 1r N JESLA 71; 3601 NE Loop 820, Ste. 108 Fort Worth, TX 76137 Phone: 817-864-1957 info@bcsdfw.com TBPLS Firm #10194474 Page 1 of 2 PERMANENT SANITARY SEWER AND WATER LINE EASEMENT DOC.# D223073492, O.P.R.T.C.T. \ \ LOT 6, BLOCK 1 \ LONE STAR CROSSING \ SW CORNER BEACH 170 ADDITION \ DOC.# D223091930, O.P.R.T.C.T. ENCROACHMENT AREA #1 EXHIBIT 11 B" 431 SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT PART OF LOT 5, BLOCK 1 SW CORNER BEACH 170 ADDITION FORT WORTH, TARRANT CO., TX DATE: 11/18/2024 JOBDATE: 11/18/2024 JOB NO.:2021.040.006 \\bcs—fs-01\public\Survey\O40 — Qu&Trip\2021\006 — OT # 1862 — Fort Worth\Drawings EXHIBIT 11B11 431 SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT PART OF LOT 5, BLOCK 1 SW CORNER BEACH 170 ADDITION FORT WORTH, TARRANT CO., TX PROPERTY DESCRIPTION BEING part of Lot 5, Block 1, SW CORNER BEACH 170 ADDITION, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in document number D223091930, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described as follows: BEGINNING at a point within said Lot 5 for the northwest corner of the herein described tract, from which a 5/8 inch rebar with cap stamped, "PELOTON" found for the northwest corner of said Lot 5 bears North 34 degrees 41 minutes 11 seconds West, a distance of 305.56 feet; THENCE through the interior of said Lot 5, the following calls: 1. North 66 degrees 19 minutes 42 seconds East, a distance of 14.06 feet to a point from which a 5/8 inch rebar with cap stamped, "PELOTON" found for the northernmost northeast corner of said Lot 5 bears North 02 degrees 08 minutes 57 seconds East, a distance of 333.40 feet; 2. South 68 degrees 19 minutes 48 seconds East, a distance of 43.11 feet; 3. South 66 degrees 24 minutes 23 seconds West, a distance of 14.08 feet; 4. North 68 degrees 19 minutes 48 seconds West, a distance of 43.09 feet, returning to the POINT OF BEGINNING and enclosing 0.010 acres (431 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: June 24, 2025 ��CE . ! TF` `'' 0 ! OHN HOMER BARYON ..... v..; .. 6737 Barton III, RPLS# 6737 �q �oFfss\�P O��,��yy SURv��� ENCROACHMENT AREA #1 Page 2 of 2 LEGEND OF ABBREVIATIONS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY NOTE: 0 10' 20' Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum SCALE: 1"=20' of 1983 (NAD'83). 5/8' REBAR 5/8' REBAR 'PELOTON' (C.M.) 'PELOTON' (C.M.)^ Q / LOTS, BLOCK 1 LONE STAR CROSSING N66°19'42"E \� SW CORNER BEACH 170 ADDITION DOC.# D223091930, O.P.R.T.C.T. 11.34' / SANITARY SEWER EASEMENT P 1NT F ssQO BEGINGDOC.# D223073126, O.P.R.T.C.T.\ / / �'' 2s \ / I y s30 �s / -� PUBLIC ACCESS EASEMENT AGREEMENT \\ / S66°2423"W DOC.# D223079565, O.P.R.T.C.T. lA --APPROXIMATE LOCATION AS SCALED OF 11.62' DOC.#OD223097442, O.PMACCESS R.T.C.T. 0.008 ACRES 351 SQ. FT. LOT4, BLOCK 1 \ \ ' EASEMENT ENCROACHMENT LONE STAR CROSSING \� C AREA SW CORNER BEACH 170 ADDITION DOC.# D223091930, O.P.R.T.C.T. \ 1' PERMANENT SANITARY SEWER AND WATER LINE EASEMENT DOC.# D22307349Z O.P.R.T.C.T. LOT 6, BLOCK 1 LOT 9, BLOCK 1 LONE STAR CROSSING LONE STAR CROSSING SW CORNER BEACH 170 ADDITION \ \ SW CORNER BEACH 170 ADDITION DOC.# D223091930, O.P,R.T.C.T. \\ \ DOC.# D223091930, O.P.R.T.C.T. Sfics ENCROACHMENT AREA #2 13RRTLin Ct1Rl7R EXHIBIT " B" ,� II1�Ill� 351 SQUARE FEET 3601 NE Loop 820, Ste.108 EASEMENT ENCROACHMENT EXHIBIT Fort Worth, TX 76137 PART OF LOT 5, BLOCK 1 Phone: 817-864-1957 SW CORNER BEACH 170 ADDITION info@bcsdfw.com TBPLS Firm #10194474 FORT WORTH, TARRANT CO., TX Page Iof2 DATE:11/18/2024 JOBNO.:2021.040.006 \\bcs—fs—01\public\Survey\O40 — Qu1kTr1p\2021\006 — QT If 1862 — Fort Worth\Orawings EXHIBIT " B " 351 SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT PART OF LOT 5, BLOCK 1 SW CORNER BEACH 170 ADDITION FORT WORTH, TARRANT CO., TX PROPERTY DESCRIPTION BEING part of Lot 5, Block 1, SW CORNER BEACH 170 ADDITION, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in document number D223091930, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described as follows: BEGINNING at a point within said Lot 5 for the northwest corner of the herein described tract, from which a 5/8 inch rebar with cap stamped, "PELOTON" found for the northwest corner of said Lot 5 bears North 29 degrees 40 minutes 42 seconds West, a distance of 301.59 feet; THENCE through the interior of said Lot 5, the following calls: 1. North 66 degrees 19 minutes 42 seconds East, a distance of 11.34 feet to a point from which a 5/8 inch rebar with cap stamped, "PELOTON" found for the northernmost northeast corner of said Lot 5 bears North 06 degrees 32 minutes 28 seconds East, a distance of 347.28 feet; 2. South 54 degrees 12 minutes 55 seconds East, a distance of 35.54 feet; 3. South 66 degrees 24 minutes 23 seconds West, a distance of 11.62 feet; 4. North 53 degrees 49 minutes 52 seconds West, a distance of 35.38 feet, returning to the POINT OF BEGINNING and enclosing 0.008 acres (351 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: June 24, 2025 -//-z AA�:w Joh arton III, RPLS# 6737 ......................... )HN HOMER BARTON ......................... o�0 6737 „ SS 0�� ' SU?"q_ ENCROACHMENT AREA #2 Page 2 of 2 - 0u1kTrfp\2=\006 - OT / 1862 - Fart LEGEND OF ABBREVIATIONS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • DOC.# DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY NOTE: Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83). N66016'56"E ,a, 5.00' E GO �oti9oo A`G o144 ., iDO � \o�NR 93 656 1 SN. / 5/8. RWAR 19 P556 4 1 PELOTON- (CU.)S66.�6 N�a v: / S66014112"W / \ 5.00' / M S r3r RTan C."Af-7R G�Ulf-w— 3601 NE Loop 820, Ste. 108 Fort Worth, TX 76137 Phone:817-864-1957 info@bcsdfw.com TBPLS Firm #10194474 '�.� Page'lof2 ti 20' UNDERGROUND PUBLIC UTILITY EASEMENT (VOL. 12937, PG. 269, 0. P. R. T. C. T.) WATER UNE EASEMENT OOC.� D205227056, O.P.R. T. C. T.) M M 0.005 ACRES 1200 SQ. FT. EASEMENT ENCROACHMENT AREA LOT 5, BLOCK 1 LONE STAR CROSSING SW CORNER BEACH 170 ADDITION DOC.# D223091930, O.P.R.T.C.T. 0 10, 20' SCALE: 1 " = 20' 5/8- REBAR PELOTON- (CM.) ENCROACHMENT AREA #3 EXHIBIT 11 B" 200 SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT PART OF LOT 5, BLOCK 1 SW CORNER BEACH 170 ADDITION FORT WORTH, TARRANT CO., TX DATE: 11/18/2024 JOB NO.:2021.040.006 P. \Survey\040 — QuikTr1p\2021\006 — QT J 1862 — Fort Worth\Drawings EXHIBIT 11 B I' 200 SQUARE FEET EASEMENT ENCROACHMENT EXHIBIT PART OF LOT 5, BLOCK 1 SW CORNER BEACH 170 ADDITION FORT WORTH, TARRANT CO., TX PROPERTY DESCRIPTION BEING part of Lot 5, Block 1, SW CORNER BEACH 170 ADDITION, an addition in the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in document number D223091930, Official Public Records, Tarrant County, Texas, the subject tract being more particularly described as follows: BEGINNING at a point in the north line of said lot 5, from which a 5/8 inch rebar with cap stamped "PELOTON" found at its northwest corner bears SOUTH 66 degrees 16 minutes 56 seconds WEST, 19.05 feet; THENCE with the north line of said Lot 5, NORTH 66 degrees 16 minutes 56 seconds EAST, a distance of 5.00 feet to a point from which a 5/8 inch rebar with cap stamped "PELOTON" found at the north end of a corner clip at the northeast corner of said Lot 5 bears NORTH 66 degrees 16 minutes 56 seconds EAST, 193.60 feet; THENCE through the interior of said Lot 5, the following calls: 1. SOUTH 23 degrees 15 minutes 45 seconds EAST, a distance of 40.09 feet; 2. SOUTH 66 degrees 14 minutes 12 seconds WEST, a distance of 5.00 feet; 3. NORTH 23 degrees 15 minutes 45 seconds WEST, a distance of 40.09 feet, returning to the POINT OF BEGINNING and enclosing 0.005 acres (200 square feet) of land, more or less. SURVEYOR'S CERTIFICATE This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by me or under my direction and supervision. Date of Plat/Map: November 19, 2024 ......................... IOHN HOMER BARYON Barton III, RPLS#6737 ........................... ••: •••••••••••••••••;.••• 0 6737 ' p0F SUR`��� ENCROACHMENT AREA #3 Page 2 of X — OT I IW2 — Fort �111111111tm N66'24'47-E NE61!!4!'e� ii.626 ge uge UNDERGROUND ELECTRICAL/TELEPHONE + SERVICE LINE 3— — ss wtr - 30' SANITARY SEWER & WATER ESMT. (1NSTI D C.R. T. C. T.) SITE LEGEND ------- BO DAD u+E CONCRIM CURB AND QRM wtr LJ SS o j 0 Q t I 15' DRAINAGE EASEMENT I f c 0 I '` (C.R.T.C.T.) — — — — — — — — — — — — S2 4 �- ---- - - - - - - - - - - - - ��- -- a o-- ® o- - o- c-- o-• a I VARIABLE WIDTH GAS & SALTWATER ESMNT ENCROACHMENT Its (lNST. D212035235, O.P.R.T.C.T.)(TRACT 3) PROP. MONUMENT 10' GAS & SALTWATER EASEMENT SIGN & CONDUIT f/ — (INST.I D212035235, O.P.R.T.C.T.)(TR4CT 1) — — — — wtr as gal--- 9°3----- -— YOE 20 _ ' WATE 1NE ESMT. wtr wt-r'� s23^� 50'E wtr (INST# D227056 C.R.T.CT) s _ ss ss — — ss — SS 20' PUBU, UTILITY ESMT. N23'�5'a59w (tL-,,�937 k =.269, C.R. T. C. T.} 40.30' 217.69 z — N66'1T2O'E 566'1659-W — - gas g EXHIBIT C -ENCROACHMENT AGREEMENT UTILITY ._ ... ... ............... ....... . ........... .. . ........ ® OWNER/DEVELOPER: 0 20 QUIKTRIP No. 1862 QUIKTRIP CORP.L-iNrV-\'m---a'n 4705 SOUTH 1297H EAST AVENUE ENGINEERING DATE: June 2025 TULSA, Ol( 74134-7008 21 PHONE.. (918) 6157885 5200 STATE HIGHWAY 4 GRAPHIC SCALE C Phone: e:817488-4960 ENCR A 1 PROP. 12" STORM (RCP) MrAlFATAM 18' EX. 18" ` �y�S66°20'06"W SANITARY SEWER' 14.06' LINE (PUBLIC) � °! 68( • 0 20 - GRAPHIC SCALE IST 67( 66; 66( EXHIBIT C - ENCROACHMENT #1 QUIKTRIP No. 1862 DATE: June 2025 30' SANITARY SEWER EASEMENT DOC.# D223073126• O.P.R.T.C.T. HORIZONTAL 1"=2' }} 1 VERTICAL 1 "=1' PRC) P. PROPOSED-12" STORM (RCP) (PRIVATE) w U J U M 00 to EX. 18" SEWER LINE (PUBLIC) 30' SANITARY SEWER SMT. (DOC.# D223013126 Q.P. .T.C.T.) OWNER/DEVELOPER: QUIKTRIP CORP. 4705 SOUTH 129TH EAST AVENUE TULSA, OK 74134-7008 PHONE: (918) 615-7685 r an ENGINEERING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 Phone:817-488-4960 f35.38" ACHMENT # 2 12" STORM (RCP) 466'24'47'E 1.4F 30' SANITARY 9e iC,SEWER EASEMENT T _DOC.# D223073126, O.P.R.T.C.T. N54-12-31'W I 35.54' �; I 18' EX. 18" a I1 L I SANITARY SEWER LINE (PUBLIC) m0 20 I GRAPHIC SCALE 67`' 67( -0, 66( EXHIBIT C - ENCROACHMENT #2 QUIKTRIP No. 1862 DATE: June 2025 y� ^ HORIZONTAL 1"=2' }}L VERTICAL 1"=1' i r UJ Z — 17 Ir J U PROP. 4" UGE U CONDUIT (PRIVATE) z J U N 0! 00 EX. 18" SEWER J LINE (PUBLIC) I 30' ANITARY SEWER SMT. (DOC.# D2230731 Z6 O.P. .T.C.T.) OWNER/DEVELOPER: QUIKTRIP CORP. 4705 SOUTH 1297H EASTAVENUE TULSA, OK 74134-70M PHONE: (918) 615-7685 r ware EN GYN E�RNG 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 Phone:817-M-4960 gas N66.14'500' ga gas as gas gas - a gas go . EXISTING 16' WATER LINE 20" WATER LINE ESMT. —w#, — - — — eater- - w r wtflIVSTf D205227056 C.wtrC.T. PROPOSED CONDUITS r ENCROACHMENT #3 FOR MONUMENT SIGN PROP. CUSTOM MONUMENT SIGN ENCROACHES 10' INTO 20' EASEMENT ss ss s ss ss 20' PUBLIC UTILITY ESMT (t/OL. N23'1 4030 EXISTING 24FORCE MAIN 217.66' N66'17'20'E i 0 20 S66°16'59'W 5U0 fV = gas- _ gas gas GRAPHIC SCALE #3 HORIZONTAL 1"=2' VERTICAL 1"=l' PROPOSED CUSTOM MONUMENT SIGN 68 I I I EXISTING - 67 UJ z w ca PROPOSED cwi �� CC ND� II'- S FOP: z %lOIJUM-NT SIGN 67 cc EX. 16" WATER —LINE EX. 24" SEWER FORCE MAIN 66 20' PlUBLIC JTILITY ESMT. 20' WATER LINE ESMT. EXHIBIT C - ENCROACHMENT #3 (VOL. 1-2 V. FG 2�69, C.R.T.C.T.) (1NST#22 56 C.R.T.C.T.) ........ . I ... ..... QUIKTR/P No. 1862 DATE: June 2025 OWNER/DEVELOPER: QUIKTRIP CORP. 4705 SOUTH 129TH EASTAVENUE TULSA, OK 74134-7008 PHONE.' (918) 615-7685 GINEERIN m®n ENG 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 Phone:817-488-4960 EXHIBIT B Franchise Utility Letters at&t October 30, 2024 RE: Tarrant County — 3336 Alliance Gateway Freeway, Fort Worth, Texas Lone Star Crossing SW Corner Beach 170 Addition, Lot 5, Block 1 20-ft Utility Easement Encroachment Request In response to the request for the encroachment on a portion of the 20-ft utility easement running in an east/west direction near the north side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for a monument sign to as shown on the attached sketch. Easement found in Tarrant County Clerk Files recorded as Document D223091930. There are currently underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of- way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the easement/right-of-way for installation, repairs, replacement, or upgrades to facilities. Please let me know if you have any questions. Sincerely, sumo, 61egjAV9_ Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841((r att.com AXT1405 energy October 30, 2024 Haley Bucsing Kirkman Engineering 5200 State Highway 121 Colleyville, Texas 76034 Re; Encroachment into Utility Easement -SW Corner N Beach St and State Highway 170 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 me at 214-549-7144. Sincerely, Bobby ney Project Managcr Altos Energy Corporation 100 Nest Momingside Fort North, Texas 76110 Spectrum► October 30, 2024 DFW Area Office 5200 State Highway 121 ERG N Colleyville, TX 76034 817.488.4960 SUBJECT: Utility Coordination Letter, SW corner of N. Beach St and S. H. 170 Fort Worth TX We have reviewed your request for the above referenced property, and Spectrum Communications hereby states there are no objections with the proposed construction at SW corner of N. Beach St and S. H. 170 Fort Worth TX. Spectrum Communications retains the right of access to any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. If applicable, please contact the Texas Excavation Safety System (Texas811) to have facilities marked & 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 <DL-NTX- External-Requests@charter.com share this information with whoever needs these services. Sincerely, �'e, Q.urreda SpectrUM► Jessie Acevedo I Business Development Specialist I (C) 469 595-3004 1565 Chenault St, Dallas TX ,75228 600 Northwest Pkwy. Azle, TX 76020-2916 Azle * Granbury October 30, 2025 Qulk Trip #1862 1120 N. Industrial Blvd. Euless, TX 76039 Phone: 817.444.3201 tcectexas.com Keller * Seymour Via First Class Mail Re: Letter of no objection for Lot 5 Block 1 of Lone Star Crossing SW Corner Beach 170 Addition platted utility easement To Whom it May Concern, On behalf of Tri-County Electric Cooperative, Inc. (TCEC), I would like to inform you that our review of your request to occupy a portion of the platted easement on Lot 5 block 1 has shown no conflict to be present. As such, TCEC offers this letter of no objection for your use as needed to complete installation of the signage. This letter specifically pertains only to the area that will be encroaching on the platted utility easement as shown on document D223091930 Plat for Lone Star Crossing SW Corner Beach 170 Addition. Please ensure that all minimal distances are maintained and that the proper actions are taken to protect the existing infrastructure. Should any concern be raised regarding the use of this letter, please reach out to us for assistance. Sincerely, Brennan Sebastian Field Support Manager 817-752-8235 bsebastian@tcectexas.com EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 12 of 12 Updated 2024 QUIKCOR-02 _ RBLEVIN CERTIFICATE OF LIABILITY INSURANCE DATE 121412024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER License # 100101891 MIffAcT Ramona Blevins Hub International Mid -America cW!' ; 918 359-6104 FAx 6100 S. Yale Avenue tA/C, No, { I IAIC No Suite 1900 _=Lrss,. ramona.blevins@hubintemational.com Tulsa, OK 74136 -••--- - ----- - -- ----- ....-y INSURED QT South, LLC/QulkTrlp Corporation P.O. Box 3475 Tulsa, OK 74101-3475 COVERAGES CERTIFICATE NUMBER: INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SU POLICY NUMBER POLN:Y EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR MWZY316782 3M/2024 3/1/2026 EACH OCCURRENCE 5,000,000 DAMAGE TO RENTED LEs_ acca,rrencal 5,000,000 .PBE�dISES MED EXP (My one rson) 0 PERSONAL & ADV INJURY $ 5,000,000 _ GEL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ j LOC OTHER: GENERAL6QGREGATE 10,000,000 PRODUCTS-COMPIOPAGG 10,000,000 SELF INSURED RE 1,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS p HIRE ONLY AUTOS ONY COMNED zAA=I111QA SINGLE LIMIT BODILY INJURY feet erson BODILY INJURY Per aooiderd OaPERRd YY AMAGE UMBRELLA LIAB EXCESS LIAR OCCUR EACH OCCURRENCE HCLAIMS-MADE AGGREGATE DIED J I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS, LIABILITY Y / N ANY PROPRIIETOR/PARTNERIEXECUTIVE ❑ OMandator In NHR EXCLUDED? (Me. ry ) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER T OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOY S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached R more apace Is required) Location: QuikTrip #1862, 3336 Alliance Gateway Freeway, Fort Worth, TX 762" City of Fort Worth CFA Office - PN24-00192 100 Fort Worth Trail Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. The ACORD name and logo are registered marks of ACORD All rights reserved. FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: QT South, LLC Subject of the Agreement: Easement Encroachment Agreement M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Assistant City Manager Signs Expiration Date If different from the approval date. 30 Years after execution date If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.