HomeMy WebLinkAbout064465 - General - Contract - Cook Children's Medical CenterDate Received: 12/16/2025 Record Number: PN25-00179
Time Received: 10:02 a.m.
City Secretary No.: 64465
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Cook Children's Medical Center,
a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 801 7th Avenue,
Fort Worth, Texas 76104 ("Property"), being more particularly described as, Lot 1,
Block A, of Cook Children's Medical Center Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D222216766; and
WHEREAS, the City owns a variable width utility easement and 40' utility
easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted
on the final plat of the property (FS-24-280), which plat is recorded in the plat records of
Tarrant County as Instrument D225194043; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; 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
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 utility conduit (the "Encroachment"). Upon
OFFICIAL RECORD
Tier I1 Easement Encroachment Agreement CITY SECRETARY Page 1 of 12
Standard
FT. WORTH, TX
completion of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. In the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional cost as
determined by the Director of Transportation and Public Works, the Director of the Water
Department, the Director of the Development Services Department, or their duly
authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
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
Tier II Easement Encroachment Agreement Page 2 of 12
Standard
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.
9.
Tier II Easement Encroachment Agreement Page 3 of 12
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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.
11.
Tier II Easement Encroachment Agreement Page 4 of 12
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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.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
Tier II Easement Encroachment Agreement Page 5 of 12
Standard
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
Standard
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By:
D. J. Harrell
Director, Development Services Department
Date: 12/15/2025
ATTEST
ann
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8
Iannette Goodall,+g,
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P44nnaEXas�.�
City Secretary
Approved As To Form and Legality
Hy Wo Kim
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
Contract Compliance Manager
OFFICIAL RECORD
Tier 11 Easement Encmachmeat Agreement CITYSECRETARY Page 7of t2
Standard
FT WORTH, TX
Licensee:
Cook Children's Medical Center
a Texas non-profit organization
By:
ereats
Ti ene.: Vi President Construction and Real Estate
Date: 5a a5
STATE OF TEXAS §
COUNTY OF�Q,YY
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Spencer Seals, Vice President Construction and
Real Estate known to me to be the person whose name is subscribed to the foregoing
instrlunent, and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Cook Children's Medical
Center, a Texas non-profit organization, and in the capacity therein stated.
��� GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
UCI Alotx .2025.
Notary Public in and for the
State of Texas
Doha Munoz
Notary Public
.E STATE OF TE7CAS
:•�l i/i`J-° No ID#18231285
+.?'6isE`.•` MYCamm. E+e•0l/11/2029
Tier ❑ Easement Encroachment Agreement Page 8 of 12
Standard
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 instmment, 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 15th day of
December 12025
Notary Public in and for the State of Texas
Tier 11 Easement Encroachment Agreement Page 9 of 12
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EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Standard
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EXHIBIT "A"
CENTERLINE OF ELECTRIC ENCROACHMENT EASEMENT
A PART OF LOT 1, BLOCK A
COOK CHILDREN'S MEDICAL CENTER ADD177ON
OVERALL
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C.C.O. NO. = COUNTY CLERK'S DOCUMENT NUMBER
O.R.T.GT. = DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing.
110
DUNAWAY
S9 ba"Avenue .S to 400. Fat Worth Tema 76107
Ta:ev2a5_n21
DATE: NOVEMBER 10, 2025 TEXAS REGISTERED SURVEYING RRM r .I0 lDD
11/10/2025
PAGE 1 OF 5
DUNAWAY JOB NO. B04530.013
EXHIBIT "A"
CENTERLINE OF ELECTRIC ENCROACHMENT EASEMENT
A PART OF LOT 1, BLOCK A
COOK CHILDREN'S MEDICAL CENTER ADD177ON
PARCEL 1
LOT 2M, BLOCK B a Nr
MMONEW ADDITION
NA- UME 389-116, PACE 219 L0T 1. BI A
P.R.T.GT. CKK CHURNS MEDICAL PFET
CDM ADOWN 1• 24
C.C.O. No. 022519b13
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C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY. TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY. TEXAS
A metes and bounds description of
even date accompanies this drawing.
DUNAWAy
MO Ildwy Avenue• SWfe6 • rat Vwxft Taw 76TM
16L917. 1121
DATE: NOVEMBER 10, 2025 TEXAS RMSME SURVEYING FIRM ND. I 0 100
TO
11/10/2025
PACE 2 OF 5
DUNAWAY J013 NO. 804530.013
EXHIBIT "A"
CENTERLINE OF ELECTRIC ENCROACHMENT EASEMENT
A PART OF LOT 1, BLOCK A
COOK CHILDREN"S MEDICAL CENTER ADD177ON
PROPERTY DESCRIPTION
PARCEL 1
BEING a centerlhe description situated in the S. Jennings Survey, Abstract No. 844. City of Fart Worth, Tarrant County,
Texas, being a part of Lot 1, Block A. Cork Children's Medical Center Addition, an Addition to the City of Fart Worth
according to the plat recorded in County Clerk's Document Number D225194043, Plat Records, Tarrant County, Texas,
said centerline being more particularly described by metes and bounds as follows:
COMMENCING at point in the east right—of—way line of Sth Street (a variable width right—of—way) and the most westerly
southwest corner of said Lot 1, Block A. Cook Children's Medical Center Addition;
With the east right—of—way line of said Sth Street and the west line of said Lot 1, Black A. Cook Children's Medical
Center Addition, the following courses and distances:
North 0013'22' East a distance of 100.01 feet to a point;
North 00'23'38' West, a distance of 195.66 feet to a point;
North 00'36'00' West, a distance of 65.73 feet to a point;
North 00'26'49' West, a distance of 286.00 feet to a point in the south right—of—way the of Cooper Street (a variable
width right—of—way);
North 89'33'25' East, departing the east right—of—way line of said Sth Street, with the south right—of—way line of said
Cooper Street, and continuing with the west line of said Lot 1, Block A. Cook Children's Medical Center Addition, a
distance of 53.64 feet to a point;
North 00'26'35' West, departing the south right—of—way line of said Cooper Street and continuing with the west line of
said Lot 1, Block A. Cook Children's Medical Center Addition, a distance of 1.95 feet to a point for the south line of a
variable width utility easement as shown on said Lot 1, Block A. Cook Children's Medical Center Addition;
North 89'33'25' East, departing the west line of said Lot 1, Block A, Cook Children's Medical Center Addition, with the
south line of said variable width utility easement and crossing Into said Lot 1, Block A. Cook Children's Medical Center
Addition, a distance of 38.68 feet to the POINT OF BEGINNING of the herein described centerline description;
THENCE NORTH, departing the south line of said variable width utility easement, a distance of 10.00 feet to a point in a
north line of said variable width utility easement for the POINT OF TERMINATION and being 10.00 linear feet.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zane,
4202. based upon GPS measurements, according to the GPS Reference Network.
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from Information contained
In recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. B04530.013 PAGE 3 OF 5
EXHIBIT "A"
PARCEL 1
Stephen R.Glrsip
D F
Registered Professional Lend Surveyor
SE TF
Texas Registration No. SSM
PY�57F•"f
G 4'fo
CENTERLINE OF ELECTRIC
srglitdumway.com
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ENCROACHMENT EASEMENT
November 10, 2MS
STEPHEN R. GLOSUP
A PART OF LOT 1, BLOCK A
'� DUNAWAY
� �'O.p 5570 p; 2
s� °NE:st000
COOK CHILDREN'$ MEDICAL
CENTERADDITION
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tFXPS REG619t® SUWRNG FIRM NO. 10 ]Qa
Clwk'e Ooeumem Numbs 0P2519M3, Plat
Re wdA Tenant County, Texas.
EXHIBIT "A"
CENTERLINE OF ELECTRIC ENCROACHMENT EASEMENT
A PART OF LOT 1, BLOCK A
COOK CHILDREN'S MEDICAL CENTER ADD177ON
LOT MR, BLOM B
GRAND1£W AMM NI
WLLNE 388-114, PAQ 219
P.R.T.CT.
COOPER STREET
(VARIABLE WIDTH RIGHT-OF-WAY)
N89WrZ5E 53.647
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LOT 1, R= A
COOK CHURFNS MEDICAL SCALE FF£T
ME AfLIMW ty 20p
C.CA. NO. 0225194043
P.RLCT.
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY. TEXAS
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
A metes and bounds description of
even date accompanies this drawing.
VARIABLE WMH
Unutt EASEMENT
C.C.D. No. o225194043
P.R.rc.r.
NwT I tom rrFr
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POINT OFrrrr
BEGINNING
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DATE: NOVEMBER 10, 2025 TEXAS RMSERED SURVE HRM ND. IOMnOO
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11/10/202
PAGE 4 OF 5
DUNAWAY JOB NO. 604530.013
EXHIBIT "A"
CENTERLINE OF ELECTRIC ENCROACHMENT EASEMENT
A PART OF LOT 1, BLOCK A
COOK CHILDREN'S MEDICAL CENTER ADD177ON
PROPERTY DESCRIPTION
PARCEL 2
BEING a centerline description situated in the S. Jennings Survey, Abstract No. 844, City of Fort Worth, Tarrant County,
Texas, bang a part of Lot 1, Block A, Cook Children's Medical Center Addition, an Addition to the City of Fort Worth
according to the plat recorded in County Clerk's Document Number D225194043, Plat Records, Tarrant County, Texas,
said centerline being more particularly described by metes and brands as follows:
COMMENCING at point In the east right—of—way line of 8th Street (a variable width right—of—way) and the most westerly
southwest comer of said Lot 1, Block A. Cook Children's Medical Center Addition;
With the east right—of—way line of said 8th Street and the west line of said Lot 1, Block A, Cook Children's Medical
Center Addition, the following courses and distances:
North 0013'22' East a distance of 100.01 feet to a point;
North 0023'38' West, a distance of 195.66 feet to a point;
North 0036'00' West, a distance of 65.73 feet to a point;
North 0076'49' West, a distance of 286.00 feet to a point in the south right—of—way line of Cooper Street (a variable
width right—of—way);
North 8"S25' East, departing the east right—of—way line of said 8th Street, with the south right—of—way line of said
Cooper Street, and continuing with the west line of said Lot 1, Block A, Cook Children's Medical Center Addition, a
distance of 53.64 feet to a point;
North 0026'35' West, departing the south right—of—way line of said Cooper Street and continuing with the west line of
said Lot 1, Block A. Cook Children's Medical Center Addition, a distance of 22.31 feet to a point for a south line of a
variable width utility easement as shown on said Lot 1, Block A, Cook Children's Medical Center Addition;
North 89'33'25' East, departing the west line of said Lot 1, Block A, Cook Children's Medical Center Addition, with the
south line of said variable width utility easement and crossing into said Lot 1, Block A, Cook Children's Medical Center
Addition, a distance of 38.83 feet to the POINT OF BEGINNING of the herein described centerline description;
THENCE NORTH, departing said south line of said variable width utility easement, a distance of 10.00 feet to point in the
north line of said variable width utility easement for the POINT OF TERMINATION and being 10.00 linear feet.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983. North Central Zone,
4202. based upon GPS measurements, according to the GPS Reference Network.
A drawing of even date accompanies this metes and bounds description.
The metes and bounds description contained herein was compiled from information contained
In recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. B04530.013 PAGE 5 OF 5
EXHIBIT "A"
PARCEL 2
Stephen W. Glasup
Registered Professional land surveyor
0 F Tf
♦E
etiy
CENTERLINE OF ELECTRIC
Texas Registradon No. 5570
.��..✓��STfq
fo
srg@dunaway.axn
�+ja`` ,J'
ENCROACHMENT EASEMENT
November 10, 2025
STEPHEN R. GLOSUP
A PART OF LOT 1, BLOCK A
�e{°q 5570 pee
�y��ss%°:�o
1' w
~m�wAy
COOK CHILDREN'S M EDICAL
CENTERADDITION
Y
S U R \I
SdBab/Avaxaa. 911e7W . Faa WUM.Tet�161a1
A A4J1Mn to Me My or Fort Worth,
T�811IFfNG
a orAn9 to F County
plat reowdoNumber
1FXA5 REG619t®$URVFINGfRM NO.1(OJBIOD
CIWk'eamument Numbs a3%Tons. plat
nt 020a
Reex4A Tarmt County, Tons.
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 11 of 12
Standard
AT&T
A &TRlghn-nr-Way
I1161lnusnan X4 Rm. 1412
Fart Worth, I 761112
November 18, 2025
LeeAnn Schaller, EIT
Dunaway Associates
550 Bailey Ave, Suite 7181
Fort Worth, TX 76107
RE: AT&T Letter of No Objection — Encroachments on Cooper, Terrell, Southland, 7°, & 8'"
Cook Children's Medical Center Addition — D225194043
Fort Worth, Tarrant County, Texas
Ms. Schaller,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the multiple
encroachments in, near, and around your project site at the property referenced above at 8111
Seventh Avenue.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
casements 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 he overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locales before any digging is
done Costs of any damages to facilities would he at pour expense.
Please let me know if you have any questions or concerns
Sincerely, A
Ray A. Garcia
AT&T— Sr. Spalalkl OSP Design Engineer I Righ"f-Way
817d50.7576
mv.aarciaf mco
Spectrumoo.
November 12, 2025
LeeAnn Schaller, EIT
Graduate Engineer
now
DUNAWAY
T 817.335.1 121 D 817.258.5125
dunaway.com
RE: Easement encroachment
Location: 8017th Ave, Fort Worth, TX 76104
Spectrum Communications hereby grants an encroachment for the purpose of building a
portion of the Utility Easement associated with the property listed in the above location.
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 (https://texas8l l.org/ to have facilities marked and
located within affected easements before any excavations are started.
Sincerely,
SCharter
John Janusik I Business Development Specialist
1776 N Greenville Ave I Richardson, TX 75081
Email: John.Janusik(acharter.com
Office: 214.319.4904
Mobile: 214.724.5815
*Please send all utility coordination, abandonments, encroachments, plat signatures, or
serviceability requests, or notices of relocation to DL-NTX-External-ReauestsPcharter.com Share
this information with whoever needs these services.
6 P R
ONCOR Electric Delivery LLC
777 Main St. Suite 767 (163586)
Fort Worth, TX 76102
81740&1496
OemkVanOevander2@oncor.mm
Distribution RightafMay
November 20, 2025
Customer / Contractor Name: Cook Children's Medical Center/LeeAnn Schaller
Street Address: 8ah Ave/W Terrell Ave/Southland Ave/Cooper Street
City/State/Zip: Fort Worth, TX 76104
To whom it may concern,
Re: Cook Children's Medical Center Proposed Improvements
OnCor EIECtr)C Delivery Company, LLC has no abjection to the proposed improvements at the
aforementioned property as indicated by the exhibits provided by Dunaway to be water line, storm
drain, sanitary sewer, backflow preventers, tunnels, junction boxes, grease traps, grate inlets,
pedestrian lights, a curb inlet, utility conduit, fiber conduit, and a fiber pull box. Oncor understands
that these improvements will occur in various utility easements located inside the Cook Children's
Medical Center campus. Oncor has facilities located within these utility easements. While it Is the
current plan to remove many of the current Oncor facilities, the understanding is that in any areas
where current and proposed utilities will cross, proper separation and clearances will be
maintained.
Sincerely,
Derek VanDevander
Distribution -Right of Way
Docusign Envelope ID: 33CD2318-950B-438E-A39B-F634F900234C
AMILTIVroS
energy
November 14, 2025
Re: Encroachment into Utility Easement
Location: 8th Ave, Cooper St, 7th Ave, W Terrell Ave, and Southland .Ave
Fort Worth, TX 76104
LeeAnn Schaller,
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 on Exhibit
C-la, C-lb, C-1c,C-ld, C-le and C-5a. 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,
Jason Gilson
Project Specialist
Atmos Energy
Email: timothy.gilson&atmosenergy.com
Atmos Energy Corporation
901 Altamesa, Fort Worth, Texas 76134
P 817-319-2237 timothy.gilson@atmosenergy.com atmosenergy.com
I w
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PROPOSED PRIVATE 6" WATER
a
<
UN£ AND BACXFLOW PREVENTER
m
(PARCEL 1)
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EX-F
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- - E "RI
0
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es
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—
GRAPHIC SCALE IN FEET
— EX -GA _
LEGEND
PROPERTY BOUNDARY
— —
— UTILITY EASEMENT
_PROPOSED
TUNNEL
PROPOSED WATER LINE
w
55
PROPOSED SANITARY SEWER
PROPOSED STORM DRAIN
-------
PROPOSED BACKFLOW
-
PREVENTER
1Xuwo►wAy
66 MWA. • Wla 4W.fvllwm. Te 76107
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ADDITION
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I
1
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m
°ROPOSED PRIVATE 18" � ^ 1 n
STORM DRAIN
(PARCELS 5 k' 6) 9 cr
- B.. VARI IABL£ WDTN Fl"
—� 6'IoOM URLITY EASEMENT — 6DOM
PROPOSED PRIVATE 12
SANITARY SEWN I
(PARCEL 2)
1 1
EXHIBIT C-la
QUANTITIES IN EASEMENT:
1.
24 LF WATER LINE
PARCELS 1-6
2.
24 SF BACKFLOW PREVENTER
UTILITY EASEMENT ENCROACHMENT
3.
412SFTUNNEL
COOK CHILDREN'S MEDICAL CENTER
4.
20 LF STORM DRAIN
FORT WORTH, TX
5.
11 LF SANITARY SEWER
LOT 1, BLOCK A
1A I IyN 1
PROPOSED PRIVATE 4
1NC77ON BOX (PARCEL
-(PARCEL 7)
4-ew----EX6N
a.uE—---Ex-UE-
------ Ex-FC
PROPOSED PRIVATE 21" STDRM DRAIN
-- (PARCELS 8 & 9)
LEGEND
PROPERTY BOUNDARY
----------
UTILITY EASEMENT
w
PROPOSED WATER UNE
55
PROPOSED SANITARY SEWER
---
-- PROPOSEDSTORM DRAIN
PROPOMDIUNOTION BOX
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V
QUANTITIES IN EASEMENT:
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Sw�i
2. 23 LF SANITARY SEWER
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3. 4 SF STORM DRAIN JUNCTION BOX
'a o w
,Iz
4. 65 LF WATER LINE
o` s w
Fo
1
I
PROPOSED PRIVATE 36" S70RM �yl
DRAIN (PARCEL 11)
PROPOSED PRIVATE 12" SANITARY
" SEWER (PARCEL 12)13
PROPOSED PRIVATE 8' SANITARY
AI —EX
SEWER (PARCEL 13)
I m P8 0 0
PROPOSED PRIVATE 24STORM DRAIN
y� I (PARCELS 10, 11 & 14) I I
— PROPOSED PRIVATE 8" WATER Ex-e..w
LINE (PARCEL 14)
�r Fw — u �... .M
PROPOSED PRIVATE 6� TER
s D1 WALINE (PARCEL 14)
/s 32. ]" T 1 1111 N
PROPOSED PRIVATE 8" S7VIMf
I DRAIN (PARCEL 15)
EXHIBIT C-lb
PARCELS 7-15
UTILITY EASEMENT ENCROACHMENT 0 40 so
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX GRAPHIC SCALE IN FEET
12
PROPOSED PRIVATE 8" SANITARY
PROPOSED PRIVATE 8" WATER LINE AND
LOT 1, BLOCK A
SERER (PARCEL 19)
BACKFLOW PREVENTER (PARCEL 19) "
COOK CHILDREN$
PROPOSED PRIVATE 8" STORM
PROPOSED PRIVATE 8
STORM DRAIN (PARCEL 20)MEDICAL CENTER ADDITION
DRAIN (PARCEL 19)
PROPOSED PRIVATE 8"
pj
III
PROPOSID PRIVATE GREASE
P) 9) SANITARY SERER (PARCEL 20)
< :
TRAP (PARCEL 19)
<O PROPOSED PRIVATE 12"
STORM DRAIN (PARCEL r209' �E
— _ _ _ ,. IF— — — — EM-L;
3
PROPOSED PRIVATE
E �E — I PROPOSED PRIVATE 12'
RINNEL (PARCEL 21)
Fi;
— —
— — SAN/TARY SEWER (PARCEL
_
18)
-n
g
-.t a
PROPOSED PRIVATE 24"
°
1
I" I STORM DRAIN (PARCEL 18) )O
Ci
PROPOSED PRIVATE 8'
I
c
STORM DRAIN AND 120
_ _ _ _ ELL AVENI
-
-- - -ORATE INLET (PARCEL
16) 10 (PRIVATE ROAD RETAINED AS
r
I`PUBLIC ACCESS EASEMENT
z
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m
.
LEGEND
T VARIABLE MOTH
_
N
u7/UTY EASEMEN r
_
rn
PROPOSED PAY✓ATE
m
----__—
PROPERTY BOUNDARY
18" STORM DRAIN
n
UTILITY EASEMENT
(PARCEL 17)
PROPOSED PRIVATE 6'
PROPOSED
PAY✓ATE 6'PI
A PROPOSED SANITARY SURER
STORM DRAIN (PARCEL 21)
STORM DRAIN
C-
PROPOSED PRI✓ATE PEDESTRIAN
(PARCEL 22)
-
PROPOSED GREASE TRAP
LIGHT (TYP.) (PARCEL 38)
--
-- PROPOSEDSTORM DRAIN
PROPOSED PRI✓ATE 6
PROPOSED
PRIVATE 12"
. PROPOSED GRATE INLET
SANITARY SEWER (PARCEL 22)
SANITARY SEWER `
O BD w
(PARCEL 23)
w PROPOSED WATER DNE
i
- PROPOSEDBACKFLOW
QUANTITIES IN EASEMENT:
PREVENTER
GRAPHIC SCALE IN FEET 1.
70 LF SANITARY SEWER
PROPOSEDTUNNEL
2.
273 SF GREASE TRAP
y_(
} PROPOSED PEDESTRIAN LIGHT
EXHIBIT C-lc 3.
72 LF STORM DRAIN
T/(
PARCELS 16-23 & 35 4.
3SFGRATE INLET
A% DUNAWAy UTILITY
EASEMENT ENCROACHMENT 5.
7 LF WATER LINE
6.
9 SF BACKFLOW PREVENTER
7
"BI -, 40,Taf'M AI=76I07 COOK CHILDREN'S MEDICAL CENTER 7.
130SFTUNNEL
m°�'''�I®
FORT WORTH, TX 8.
9 SF PEDESTRIAN LIGHTS
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-
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FIBER �
PR/VA7E
PROPOSED P VE
Plq.L BOX (RARCEL
14' P Fw7V.97t 1t7'�E
WATER LINE (PARCEL-2,4J —
._-EX-- —
---
PROPOSED PR1
A 7E
,p
SANITARY SE
LEGEND
PROPERTY BOUNDARY
— — — — — — — — —
— UTILITY EASEMENT
PROPOSED STORM DRAIN
I
PROPOSED CURB INLET
55
PROPOSED SANITARY SEWER
• •
PROPOSED GREASE TRAP
PROPOSED WATER LINE
yw-(
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PROPOSED PEDESTRIAN LIGHT
_
PROPOSED UTILITY CONDUIT
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PROPOSED FIBER CONDUIT
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PROPOSED PULL BOX
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PRivA7E LOT 1, BLOCK A
Hill " QUANTITIES IN EASEMENT:
1.
12 LF STORM DRAIN
2.
44 SF CURB INLET
3.
27 LF SANITARY SEWER
EXHIBIT C-1d
4.
34 SF GREASE TRAP
5.
7 LF WATER LINE
PARCELS 24-28
6.
8 SF PEDESTRIAN LIGHTS
UTILITY EASEMENT ENCROACHMENT
7.
523 SF UTILITY CONDUIT
COOK CHILDREN'S MEDICAL CENTER
8.
140 LF FIBER CONDUIT
FORT WORTH, TX
9.
16 SF FIBER PULL BOX
ti
el
€L
PROPOSED PRIVATE 4"
STORM DRAIN (PARCEL 29)�
PROPOSED PRIVATE Be
—
STORM DRAIN (PARCEL 29)�
PROPOSED 12" CRATE
INLET (PARCEL 29)�
PROPOSED PRIVATE 12"
STORM DRAW (PARCEL 29)�
PROPOSED PRIVATE PULL
BOX (PARCEL 29)
l
tUANTITIES IN EASEMENT: yt
1. 77 LFSTORM DRAIN
2. 3 SF GRATE INLET
3. 56 LF FIBER CONDUIT
4. 16 SF FIBER PULL BOX
II II LOT 1, BLOCK A
I I COOK CHILDREN'S
I I MEDICAL CENTER ADDITION
I� I
INVARIABLE INDTN
UTKITY EASEMENT
PROPOSED PRIVATE 8'
I STORM DRAIN (PARCEL 29)
N PROPOSED PRIVATE f2'
STORM DRAIN (PARCEL 29)
___
- EX
_I ml
— FO ---- •---- FO —.
LEGEND
PROPERTY BOUNDARY
----------
UTILITY EASEMENT
-- PROPOSEDSTORM DRAIN
■
PROPOSED GRATE INLET
TO
PROPOSED FIBER CONDUIT
■
PROPOSED PULL BOX
DUNAWAY
s�edwam...aar,m•NNw.1I T 76H)7
R*817 Ts.11M
B%R% H114
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FIBER (PARCEL 29)
n�
EXHIBIT C-le
PARCEL 29 nt
UTILITY EASEMENT ENCROACHMENT D 40 so
COOK CHILDREN'S MEDICAL CENTER jr
FORT WORTH, TX GRAPHIC SCALE IN FEET
J
LIGHTPOLE
r�
2,_0,
9IIL1 3'-0"SO.
1OR BOLTS BY
TPOLE SUPPLIER
r PAVING
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#4 TIES ® 12" OC
#5 ® 12" OC EA WAY
PEDESTRIAN LIGHT POLE FOUNDATION
AMIII
DUNAWAY
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1N: 817. 1111
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EXHIBIT C-If
PARCELS 27 & 35
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
FORT WORTH Series I SPECIFICATIONS
Cast Iron Posts
181, sq. base live lignflrg P«t Ml be all
cad Iron mretncNat macabrely
tapered wnb a deep. It -flare
pattern on the shaft and a claac
Gq re base. 111W pact Yidl be
Mflwe Street l hnnx' catdog
nurnber R M13 " fidaM1.
te'X Mq RAM
The Poet malerld shall be MW
A Claw w cast Iran, formed
52 huel. Al xacie wMcompete
cleloon to peexpwed ainleasrcluare sal
befornpa relobe onrosssteel.
Nwcbor bated. be mlty gdvy hot
12.0 db gdbxrlred. porfidN gdva-
nimd bolts are rot accePtobe.
QIfl1118If11MS
live pod Still bon X' "In helgbt
wi1N an Irsq am baseThe pot
s"I toper horn a T diameter at
the top of the bath to a a.s dlo-
yr meferattnep hop. Anintegral
3` O.D. x 8 fawn shall be proNO
eci at the top for lu ino re mount
Ing. The pod top shill include
a taniNonol donut between the
fluted shaft and the taron.
lmulw
)a Tre pod Mal be Pro cled wm
four 31M diameter, L-type ands
both 651( oil, to be in4aled on
a lY diameter boltacle. Two
b0 doors Mal be Pr iced in the
base M anchorage as car.
ing accev. Agrouaingscrew
s"I be pmvided Irelde the hose
acceetlde from are door.
ton then specificaAons and cola
cPilore, see'FldYs"section In
catalog.
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EXHI IT C-1g
Aw PARCELS 27 & 35
UNAWAY UTILITY EASEMENT ENCROACHMENT
59MMygvenw•9Ae Mp•fM NbrlR tmce )610J COOK CHILDREN'S MEDICAL CENTER
817 MF1" VXR"lla FORT WORTH, TX
-
FORT WORTH Series
Cast Iron Pasts • 1.1 sq. base
ANTIQUE Street Lamps
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Ancnasorepaervmry
PARCELS 27 & 35
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
DS4 WITH WAMNAIRE BASE CHOICE
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EXHIBIT C-li
PARCELS 27 & 35
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
\1
LOT 1, B
COOK CHI DREN' PROPOSED PRIVATE
MEDICAL CEN R AD rnoN 27" STORM DRAIN
(PARCEL 33)
40' unum
I I EASEMENT
�STING 12" WATER
E (x-21696)
PROPOSED PRIVATE PEDESTRIAN
LIGHT (TYP.) (PARCEL 33)
PROPOSED PRIVATE
CONDUIT (PARCEL 33)
j — — , o�Nco�MCPONouir "0+40------ -
ILAp1�J CIDIVISION OF
BLOC 10
D'S WELCH ADDMON /�
D. NO. D213087375
P.R.TC.T.
////
—�� EF-IZ'W
PROPOSED PRIVATE 18"
STORM DRAIN
(PARCEL 33)
PROPOSED J NCnON BOA
BY IPRC24-023E
QUANTITIES IN EASEMENT:
1. 45 LF STORM DRAIN
2. 6 SF PEDESTRIAN LIGHTS
3. 167 LF CONDUIT
0 AO 80
ct
GRAPHIC SCALE IN FEET
AwAk
2low.
�mwn . �- W WMR T 761b
Tee 817su1 121
mE-1114
RONALD
i n�LVan�r••wl•m
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,_IM
PROPEIM BOUNDARY
— — — — — — — — — — U L"EASEMENT
yue( PROPOSEDOONDUIT
} PROPOSED PEDESTRIAN L
EXHIBIT C-5a
PARCEL 33
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
PROFILE SCALE
HORIZ: 1" - 40'
VERT: 1" - 8'
630 CROSS SECTION G—G 630
mammmall
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/ AS
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DUNAWAY
b9 Sdky Are e • 9 1 • fat Wa late ]61N
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mt F-11141
EXHIBIT C-5b
PARCEL 33
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
LIGHTPOLE
r
2 0 0
1OR BOLTS BY
TPOLE SUPPLIER
r PAVING
(4' 15 UWLS W/
#4 TIES ® 12" OC
#5 ® 12" OC EA WAY
3,-O"SO.
PEDESTRIAN LIGHT POLE FOUNDATION
EXHIBIT C-5c
PARCEL 33
A MNAWAV UTILITY EASEMENT ENCROACHMENT
e,wem,w,,W„� 7,,� COOK CHILDREN'S MEDICAL CENTER
`ma F-1112
14' FORT WORTH, TX
DUNAWAy
5`A IlaW .Wild -Frt Wand ldlV
,et 8173 .1121
MI F-1114
SPECIFICATIONS
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EXHIBIT C-5d
PARCEL33
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
FORT WORTH Series
ORDERING INFORMATION
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EXHIBIT
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PARCEL 33
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
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LIXRf f-1114
PARCEL 33
UTILITY EASEMENT ENCROACHMENT
COOK CHILDREN'S MEDICAL CENTER
FORT WORTH, TX
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Standard
FORT WORTH,
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: COOKCHILDREN'S MEDICAL CENTER
Subject of the Agreement: Tier II Encroachment
M&C Approved by the Council? * Yes ❑ No m
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No m
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No m
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No m If only specific information is
Confidential, please list what information is Confidential and thepage it is located.
Certificate of Insurance
Effective Date: Date Director signs Expiration Date: 30 years from execution
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No m
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: Ifapplicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes m No ❑
Contracts need to be routed for CSO nrocessine in the following; order:
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.