HomeMy WebLinkAbout064506 - General - Contract - 539 Moorestreet LLC, Green Moore, LLC, Prain Properties LLC, Somani Holding, LLC, & Zars Acquisition12/29/2025
Date Received: Record Number: PN25-00090
Time Received:
8:46 a.m.
64506
City Secretary No.:
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 539 Moorestreet LLC, Green
Moore LLC, Prain Properties LLC, Somani Holdings, LLC, and Zars Acquisition LLC,
all Texas limited liability companies (Collectively the "Licensee"), acting by and
through their duly authorized representatives.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3467 Altamesa
Boulevard, Fort Worth, Texas 76133 ("Property"), being more particularly described as,
Lot 1R, Block 1, of Alta Mesa Village Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as recorded in Deed Records, by Instrument Number D21970936;
and
WHEREAS, the City owns a sewer 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-13-069), which plat is recorded in the plat records of
Tarrant County in Volume 388-140, Page 16; and
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
Tier II Easement Encroachment Agreement
Standard
OFFICIAL RECOR�
CITY SECRETARY
FT. WORTH, TX
Page 1 of 21
Updated 2024
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 a private water line (the "Encroachment"). Upon completion
of the Encroachment, Licensee agrees to be responsible for maintaining the
Encroachment within the Public Property. Licensee shall not expand or otherwise cause
the Encroachment to further infringe in or on the Public Property beyond what is
specifically described in Exhibit "A."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit `B." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. In the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional cost as
determined by the Director of Transportation and Public Works, the Director of the Water
Department, the Director of the Development Services Department, or their duly
authorized representative.
4.
Licensee agrees that City may enter and utilize the Public Property at any time for
any public purpose, including installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
Tier II Easement Encroachment Agreement Page 2 of 21
Updated 2024
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.
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
Tier II Easement Encroachment Agreement Page 3 of 21
Updated 2024
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 INJLJRY, 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 INJLJRY 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
Tier II Easement Encroachment Agreement Page 4 of 21
Updated 2024
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.
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.
Tier II Easement Encroachment Agreement Page 5 of 21
Updated 2024
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.
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.
Tier II Easement Encroachment Agreement Page 6 of 21
Updated 2024
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 21
Updated 2024
Licensee:
539 Moorestreet LLC
a Texas limit iability company
By:
N : A unjwani
Title: Manager
Date: � � / � � � � � � ��
STATE OF I E �! �—i §
COUNTY OF �l�oe �'�� 7 §
BEFORE ME, the undersigned authority, a Notazy Public in and far the State of
�� �!ar-g , on this day persona�ly appeared Aftab Punjwani, tnanager (Title), known to
tn� ta 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 539 Moorestreet LLC, a Texas limited fiabiIiry
company (entity type), and in the capacity therein stated.
��
GNEN UNDER MY HAND AND SEAL OF OFFICE this c� day of
� 1J �'- �e� fa�, 2025.
�� ��
Notary Pubiic in and for the
State of `�� n � S
� Naursen Alam
My Co�/14�2628 xF��es
Not#ry ipi3�763335
r
Tier IT Easement F,ncroachment Agreement Page 8 of 2l
Updated 2024
Licensee:
Green Moore LLC
a Texas limited liability company
, il','�/, ..
By: j � �k`� `
N�ame: Amin Jivani
Title: Manager
Date: l / - � I 'r�d �' S�.
STATE 0�,��)
i
COUNTY OF � ! CI 1
�
0
ry
ti�
f� BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�� , on this day personally appeared Amin Jivani, manager (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 Green Moore, LLC, a Texas limited liability
company (entity type), and in the capacity therein stated.
GN N UNDER MY
, 2025.
��
Notary Public in and for the
State of � �(�is
HAND �ND �EAL CF OFFICC this ��uay of
�. p "�'�,�-
�'�s, Brittney Tay�o�
* MY Commission Expires
/�} 4l20i2029
� � Notary ID131056514
Tier II Easement Encroachment Agreement Page 9 of 2l
Updated 2024
Licensee:
Prain Properties LLC
a Texas limited liability compariy
By: ,✓/
`�
Name: Parvez Ramzanali
Title: Manager
Date: �� - �v2 - o�Q%�-��
STATE OF � '
COUNTY OF 1`� ��
�
0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
f�j(QS , on this c�ay personally appeared Parvez Ramzanati, maiiager (Title), known
to me ta be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he or she executed ti�e same for the purposes and consideration
therein expressed, as the a�t and deed of Prain Aroperties LLC, a Texas limited liability
company (entity type), and in the capacity therein stated.
C4
G1VEN UNDER MY HAND AND SEAL OF OFFICE this �h day of
��-�QfY1�.,( , 2025. �����+�
��' �t � Y +rJl�
Notary Public in and for the
State of �`� i1�C� S
Tier II Easement �ncroachment An�ree►nent
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Page 10 of ? 1
Updated 2024
Liccnscc:
ti�,mani Iloldingti, I.LC
a Crxas limitc�l liability compan�
13� : �
1�amc: Karim Sumani
"1'itic: Mana �cr �
Datc: l �� �s
STATE OF I 'e�S
COI�\'I�l' nF ��t��r�S
�
�
f3F,FORE: ;V1E. thc undersigned authority, a Notary Public in and for the State of
�F�s . on this da�� personall� appcarcd Karim Somani, managcr (Title), known to
me to be the person �vhose name is subscribed to the foregoing instrument, and
acknowledged to mc that he or she cxecuted the same for lhc purposes and consideration
therein expressed, as the act and dccd of So►nani I ioldinys. LLC. a"I�cxas limitcd liahilit�
company (entity type), and in the capacity thcrein stated.
G(VE'.� U'�DER MY HAND ANL) SEnL OF OFFICE this ��th da�� of
��M y �i . 2025.
_ `%''��
Notary Public in and for thc
Statc of C'.k�S _
� ..... . . .
� JOHNNIE LEE PETTY III
� ���' NOTARY PUBLIC
STATE OF TEXAS
;�O" MY COMM. EXP 03/01/28
NOTARY ID 132334678
'l icr II I:ascmcnt I:ncroachmcnt Agrccmcnt
Pagr I I o I' Z I
l!pJatc� 2024
Licen.cce:
Zarn Acyuisitian LL(:
A Texas IirT�ited liability company
By: ��' � ("��-'U" �C�G{C ��/�:-
i�iam : Rafi Lttkh ni
c q a
Titic: Manager
�
Date: � � - � l% � � S
STATE OF I r� k r7 4
CUU:VTIc' OF �,1P,'�a:;: �,
§
§
T3L•FORL- ML•, thc unci�rsignecl authoriry, a l�`otary Pub[ic in and for �he State of
T� � cz �, , on this day persanally �ppearcd Rafiq Lakhani, mnnager (Titic), known to
me to be the perxon whosc name is Subscribcc�cf lo th� forcgaing instrument, and
acknawl�dgcd to mc that hc or shc executcd thc same for the �urposes and cansideration
th�rein rxpresscd, as the �ct and de�d of 7_urs Acquisition I.L� (entity type), and in thc
rnpacity thc.�rcin statecL
GNFN UI�DER Ml' E iAo�tD AND 5EAL OF OFFICE this
1����:�' �' � f; �� (' , 2025.
. �
il ',�1.� � 1_ I �. .��. �� ~�:"�_ MI�NAfL'WYhN
' � �; �.,=� Nr,t�ry IU : 1 iiUi0248
�.�_ J � :..
� / J ..:-1,: �' M'. LC^!rti.tYlun =1',11tCS
I �=e',--�-. , NAVPrtIriPr 3. i1116
Nnlary Auhlic in and for the �--; _ , ,
.
S�ate �f � C S� � c;
Ticr ii F.u�cmcnt Enem.u;hmcnt Agrcemcnt
, t;
� � day of
Pa�c 1? of 2 I
u�n�td z�.s
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
�� �
Dalton Harrell (Dec 24, 2025 09:17:P CS�
By.
D. J. Harrell
Director, Development Services Department
12/24/2025
Date:
ATTEST:
aeon> od
>a°��� �o°a
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�q�,cztx. �0o r"°�'.
a
� ao 4 aE6p5obti�
Jannette Goodall,
City Secretary
Approved As To Form and Legality:
/ p��
Name: Hye 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.
a���
Kandice Merrick
Development Services Manager
OFFIGIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement
Page 13 of 21
Updated 2024
�'1`lYl� YAUL+Tl+�IKC:IITY"ZJl+ l+'UK'l�`W�UKl`lYZJ1+1+7t;L+TU�L+'ZJNLY"�
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 24th day of
December , 2025.
���a���=
Notary Public in and for the State of Texas
AudrBy Lg0 Wvliace
My Comm3solon Expirae
9l10�2628
N otary I � 135� B258B
Tier II Easement Encroachment Agreement Page 18 of 21
Updated 2024
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 19 of 21
Updated 2024
EXHIBIT DESCRIPTION
0.012 ACRE
BEING A TRACT OF LAND LOCATED IN THE J. M. B. SMITH SURVEY, ABSTRACT NO.
1412, TARRANT COUNTY, TEXAS AND BEING PART OF A"TRACT I" AS DESCRIBED
IN A DEED RECORDED IN INSTRUMENT NO. D216021590, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), ALSO BEING KNOWN A LOT
1R-1, VLOCK 1, ALTA MESA VILLAGE ADDITION TO CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME
388-182, PAGE 65, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T. AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL DISTANCES RECITED HEREIN ARE GRID. SCALE FACTOR IS 1.000000000. ALL
BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NAD83 (NA2011). AS SURVEYED
ON THE GROUND ON AUGUST 15, 2025 UNDER THE SUPERVISION OF ROBERT L.
YOLJNG, R.P.L.S. NO. 5400.
BEGINNING AT AN "X" CUT IN CONCRETE (N:6921092.55, E:2317232.30) IN THE SAID LOT
1R-1 AND IN THE SOUTHERLY LINE OF AN EXISTING 15' UTILITY EASEMENT AS
SHOWN ON THE PLAT RECORDED IN VOLUME 388-140, PAGE 17, D.R.T.C.T., FROM
WHICH AN "X" CUT FOUND IN CONCRETE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF
ALTA MESA BOULEVARD, FOR THE NORTHWESTERLY CORNER OF SAID LOT 1R-1
BEARS, N 70°25'26" W, A DISTANCE OF 60.15 FEET;
THENCE, S 84°51'S7" E, ALONG THE SOUTHERLY LINE OF SAID EXISTING 15' UTILITY
EASEMENT, A DISTANCE OF 15.09 FEET TO AN "X" CUT SET IN CONCRETE;
THENCE, S OS°07'48" W, A DISTANCE OF 35.00 FEET TO AN "X" CUT SET IN CONCRETE
IN THE SOUTHERLY LINE OF A 30' WIDE INGRESS/EGRESS EASEMENT AS DESCRIBED
INA DEED RECORDED IN VOLUME 7144, PAGE 482, D.R.T.C.T., FROM WHICH AN "X" CUT
FOUND IN CONCRETE FOR AN ANGLE ELL CORNER OF SAID LOT 1R-1 BEARS,
S OS°48'28" E, A DISTANCE OF 234.78 FEET;
THENCE, N 84°51'S7" W, ALONG THE SOUTHERLY LINE OF SAID 30' WIDE
INGRESS/EGRESS EASEMENT, A DISTANCE OF 15.09 FEET TO AN "X" CUT SET IN
CONCRETE, FROM WHICH A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "RPLS
4151" FOLJND FOR THE SOUTHWESTERLY CORNER OF SAID LOT 1R-1 BEARS,
S 04°53'08" E, A DISTANCE OF 581.08 FEET;
THENCE, N OS°07'48" E, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING
AND CONTAINING 0.012 ACRE OR 528.231 SQUARE FEET OF LAND. SEE THE
ACCOMPANYING SURVEY MAP ATTACHED HERETO AND
MADE A PART HEREOF. �S
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.....................
ROBERT L. YOUNG
o,a000,a000,a000,a000
5400 � �.
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20250093-EXHIBIT-001-DESCRIPTION Page 1 of 1
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NOTE:
IT IS I'HE SOLE RESPONSIBILITY OF THE PROPERTY OW NERS TO
ADHERE TO THE RULES AND REGULATIONS AND/OR ORDWANCES OF
THE SUBDIVISION LAWS ENFORCED BY TARRANT COUNTY, TEXAS
AND ITS MUNICIPALITIES.
NOTE:
WE WOULD LIKE TO CLAR[FY THAT THE AERIAL
PHOTO SHOWN ON THE SURVEY MAP HAS BEEN
INTENTIONALLY OPAQUED TO ENHANCE THE
VISIBILITY OF BOUNDARY LINES AND TEXT FOR THE
PURPOSES OF THlS SURVEY. IF YOU REQUfRE A
HIC�H-RESOLUTION VERSION OF THE AERIAL PHOTO,
IT IS AVAILABLE FOR AN ADDITIONAL FEE. PLEASE
LET US KNOW iF YOU WOULD LIKE TO PROCEED
WITH THLS OPTION VIA EMAIL INFO�tilTRANSTXCOM
OR CALL R17-556-3440.
� ����� ,������
�
o �IIR�EYING DMAPPIH�
0. Scale:l"=20' Date:08/19/2025
Property Address:
3401 E. Alta Mesa Boulevard
Fort Worth, Texas 776133
E ALTf11l7ESA
BOULET�ARD
VARfABLE WIDTH
R�GHT-OF-Wqy
CONC. CURB & GUTTER
� — FH i�1
� �__ PLACE OF Wug � E E
"X" CUT \� � BEGINNING LP E ' E
FOUND I \�,� o � I N:6921092.55 --�-_
�C�M.� � � 2S�Z6 � � E:2317232.30 �— — ' GM
O I 6�� X CUT �15'UTILITY� ENT � b
_ ZS�� SET OLUME 388-14p, pqGE 17
CONC.CURB
MH i — � � � � � = — \ L1 & GUTTER � I
—+ D.R.T.C.T.
-----�_'—F--__ , �---'I�—_�__ �
---�—__ I
10' W1DE EASEMENT I `�' �"X" CUT I ' —
AND RIGHT-OF-WAY— I W E� W SET 30' WIDE —
TEXAS ELECTRIC � � l� — — � y �' � � iNGRESS/EGRESS �
SERVICE COMPANY I a I� dU W�r„ —�__ EASEMENT
VOLUME 8410, PAGE 986 � ����� N VOLUME 7j44 PAGE 482— '—�— _�
D. T.C.T. I ,..,, M W "X" CUT SET
SURVEYOR'S OTES: I �� a Q FROM WHICH D•R,T.C.T.
,� �,
iNGRESS/EGRESS EASEMEN7'
t. a�L aEnRtivcs atv� �isrnNces srtowN � � �_7, w FOUND (C M) BEARS, VOLUME 388-140, PAGE 16
HEREON ARE CORRELATED TO THE TEXAS I w VOLUME 3$$_ j 59� pA
STATE PLANE COORDWATE SYSTEM, NORTH �S OS°48�2H�� E GE Z$
VOLUME 388-Ig2, pAGE 65
CENTRAL ZONE (4202), NAD83 (201 I). ALL � �� 234•']$' V�LUME 3$$-206 PAGE 3�
D1SI'ANCE$ SHOWN ARE CR1D. SCALE �
FACTOR l5 I.000000000. I I I 3 I — L—� D.R�T.C.T.
2. THIS EXHIBIT WAS PERFORMED WITHOUT ��X�� CUT SET ��
THE BENEFIT OF A TITLE COMMITMENT. I FROM WHICH I I I
A 5/8" CIRF BUSINESS I LOT 1 R-2
3. THE SURVEY PERFORMED ON THE ^RPLS 4151'� SW SIGN
GROUND OF THE SUBJECT PROPERTY AND ICONC. CURB �
THE PREPARATION OF A DEPICTION OF THE COR. LOT 1 R-1 &, GUTTER
RESULTSTHEREOFONTHISEXHIBIT,AND BEARS� � � �.M.B. SMITH SURVEY
THE ACCOMPANYING EXHIBIT I S O4°S3�OH�� E I�
DESCRlPTION, WAS PREPARED WITHOUT SH1.OH ABSTRACT NO. 1412
THE BENEFIT OF AN ABSTRACT OF TITLE. I � I- � I
THEREFORE THERE MAY BE EASEMENTS OR
OTHER MATTERS THAT COULD EXIST AND I I LOT IR-1 I
ARE NOT SHOWN.
"TRACT I" EXHIBIT ALTA MESA VI�LAGE ADDITION
4. SEE THE ACCOMPANYING EXHIBIT I INSTRUMENT NO.
DESCR1PT10N ATTACHED HERETO AND I I D216021590 �LP SHOWING VOLUME 388-182, PAGE 65
MADE A PART HEREOF. D.R.T.C.T.
O.P.R.T.C.T. I
5. THIS SURVEY MAP WAS PREPARED FROM I I
A SURVEY PERFORMED ON THE GROUND 0.012 ACRE (528.231 SQ. FT.) OF LAND LOCATED IN
UNDER THE SUPERVISION OF ROBERT L.
YOUNG R.P.L.S. 5400, ON AUGUST 15, 2025
AND SHOWS THE SIGNIFICANT VISIBLE LOT 1R-1� BLOCK 1, ALTA MESA VILLAGE ADDITION TO
IMPROVEMENTS OBSERVED AT THE TIME OF
THE SURVEY. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
,�� oF T� ACCORDING TO THE PLAT RECORDED IN VOLUME 388-182,
�� w�� STFR�;`�v�, PAGE 65 DEED RECORDS, TARRANT COUNTY, TEXAS.
•e� � o
. ..-•--•--••-•......
ROBERT L. YOUNG
� : �o s400 ��,v.�
, 9 •.FFss+���o
� s u Rv 08/19/2025
����'�/+"�7� .
V
IRF
CIRF
(C.M.)
-E-
GM
LP
SSMH
FH
WV
LEGEND
IRON ROD FOUND
IRON ROD FOUND WITH A
YELLOW PLASTIC CAP
CONTROLLING MONUMENT
OVERHEAD ELECTRIC LINE
GAS METER
LIGHT POLE
SANITARY SEWER MANHOLE
FIRE HYDRANT
WATER VALVE
LINE TABLE
LINE BEARING DISTANCE
L1 S 84°51'S7" E 15.09'
L2 S OS°07'48" W 35.00'
L3 N 84�51'07" W 15.09'
LA N OS°07'48" E 35.00'
401 N. NOLAN RIVER ROAD
CLEBURNE, TEXAS 76033
OFFICE: 817-556-3440
www.transtx.com
info cr transtx.com OT�SM
DWG: 2025 0093 -EXHIBIT-001
Drawn: GWB Checked: RLY Job: 20250093
0' 20' 40' 60'
NOTE:
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Ca7
fI' IS I'HE SOLE RESPONSIBILITY OF THE PROPERTY OW NERS TO
ADHERE TO THE RULES AND REGULATIONS AND/OR ORDWANCES OF
THE SUBDIVISION LAWS ENFORCED BY TARRANT COUNTY, TEXAS
AND ITS MUNICIPALITIES.
NOTE:
WE WOULD LIKE TO CLAR[FY THAT THE AERIAL
PHOTO SHOWN ON THE SURVEY MAP HAS BEEN
INTENTIONALLY OPAQUED TO ENHANCE THE
VISIBILITY OF BOUNDARY LINES AND TEXT FOR THE
PURPOSES OF THIS SURVEY. IF YOU REQUfRE A
HIGH-RESOLUTION VERS[ON OF THE AERIAL PHOTO,
IT IS AVAILABLE FOR AN ADDITIONAL FEE. PLEASE
LET US KNOW IF YOU WOULD LiKE TO PROCEED
WfTH THIS OPTION VIA EMAIL INFO�cilTRANSTXCOM
OR CALL R 17-556-3440.
Property Address:
3401 E. Alta Mesa Boulevard
Fort Worth, Texas 776133
E ALTf1117ESA
BOULEYf1RD
VARIABLE WIDTH
RIGHT-OF-Wqy
��---------- _ ---- CO�C. CURB & GUTTER
� ����� ,������
�
o �IIR�EYING DMAPPIH�
0. Scale:l"=20' Date:08/19/2025
� — FH �
�� — �� _ _ PLACE OF Wug � E
��X" CUT \� I BEGINNING LP E g E
\
FOUND �,� I N:6921092.5_5 — — ; —�__ _
(C.M.) � ����5'2�„��� ( E�X�CUT30 I GM
_ ��__�__ I
ss I — � 6�jS�� ,1 SET �15' UTILITY EASEMENT �
SSM1{ -- � � CONC. CURB,
����=� Ll OLUME 388-140, PAGE 17 I
_ � � & GUTTER ! �
D.R.T.C.T.
��-�- __ �--,��-- �__ I _--
_� �
10' WIDE EASEMENT I � "X" CUT
AND R1GHT-OF-WAY— �� W� SET 30' WIDE
TEXAS ELECTRIC � � � -- — � � � �' z iNGRESS/EGRESS �
SERVICE COMPANY � I U Or''.�' W��; --- EASEMENT
VOLUME 8410, PAGE 986 � � � � � �' � N VOLUME 7j44, PAGE 482— '— — _ �
D. T.C.T. I M W "X" CUT SET
suxvErox�s oTEs: I o� a Q FROM WHICH D•R.T.C.T.
iNGRESS/EGRESS EAS�MEN7
N(� W A� "X" COT� VOL[TME
1. ALL BEARWGS AND DISTANCES SHOWN I I �� FOUND (C.M.� BEARS, 3�R-14�+ �AGE �6
HEREON ARE CORRELATED TO THE TEXAS I w o VOLUME 3$$- I S9, PAGE ZS
STATE PLANE COORDWATE SYSTEM, NORTH S 05 48 28 E
VOL�pME 388-182, PAGE 65
CENTRAL ZONE (4202), NAD83 (201 I). ALL � � �� � 234•']$' _� �� �� V�LUM�388_206 PAGE 3�
DISTANCES SHOWN ARE GR1D. SCALE
FACTOR l5 1.000000000. I I _
"X" CUT SET I .k_T.C.T. _
2. THIS EXHIBIT WAS PERFORMED WITHOUT I �. I
THE BENEFIT OF A TITLE COMMITMENT. FROM WHICH I I
A 5/8" CIRF BUSINESS' I LOT 1R-2
3. THE SURVEY PERFORMED ON THE ^RPLS 4151" SW SIGN
GROUND OF THE SUBJECT PROPERTY AND �CONC. CURB I
THE PREPARATION OF A DEPICTION OF THE COR. LOT 1R-1 & CUTTER
RESULTS THEREOF ON THIS EXHIBIT, AND BEARS� � � � �. M. B. SM ITH SU RVEY
THE ACCOMPANYING EXHIBIT I S O4°S3�OH�� E ' y
DESCRlPTION, WAS PREPARED WITHOU7' I 5�1.08, . I_ � .� ABSTRACT NO. 1412
THE BENEFIT OF AN ABSTRACT OF TITLE. �
THEREFORE THERE MAY BE EASEMENTS OR
OTHER MATTERS THAT COULD EXIST f�ND I � LOT iR-1 I
ARE NOT SHOWN.
"TRACT 1" EXHIBIT ALTA MESA V[�LLAGE ADDIT[ON
4. SEE THE ACCOMPANYING EXHIBIT I INSTRUMENT NO. }{
DESCR1PT10NATTACHEDHERETOAND I D216021590 M VOLUME 3HA-IA2� PAGE GS
MADE A PART HEREOF. I I LP SHOWING D.R.T.C.T.
O.P.R.T.C.T. I
5. THIS SURVEY MAP WAS PREPARED FROM I I
A SURVEY PERFORMED ON THE GROUND 0.012 ACRE (528.231 SQ. FT.) OF LAND LOCATED IN
UNDER THE SUPERVISION OF ROBERT L.
YOUNG R.P.L.S. 5400, ON AUGUST 15, 2025
AND SHOWS THE SIGNIFICANT VISIBLE LOT 1R-1� BLOCK 1, ALTA MESA VILLAGE ADDITION TO
IMPROVEMENTS OBSERVED AT THE TIME OF
THE SURVEY. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
,�� oF T� ACCORDING TO THE PLAT RECORDED IN VOLUME 388-182,
�� w�� STFR�;`�v�, PAGE 65 DEED RECORDS, TARRANT COUNTY, TEXAS.
•e� � o
. ..-•--•--••-•......
ROBERT L. YOUNG
� : �o s400 ��,v.�
, 9 •.FFss+���o
� s u Rv 08/19/2025
/`�//- ��f�'lY�"�7� .
V
IRF
CIRF
(C.M.)
-E-
GM
LP
SSMH
FH
WV
LEGEND
IRON ROD FOUND
IRON ROD FOUND WITH A
YELLOW PLASTIC CAP
CONTROLLING MONUMENT
OVERHEAD ELECTRIC LINE
GAS METER
LIGHT POLE
SANITARY SEWER MANHOLE
F1RE HYDRANT
WATER VALVE
LINE TABLE
LINE BEARING DISTANCE
L1 S 84°51'S7" E 15.09'
L2 S 05°07'48" W 35.00'
L3 N 84�51'07" W 15.09'
LA N OS°07'48" E 35.00'
401 N. NOLAN RIVER ROAD
CLEBURNE, TEXAS 76033
OFFICE: 817-556-3440
www.transtx.com
info cr transtx.com OT�SM
DWG: 2025 0093 -EXHIBIT-001
Drawn: GWB Checked: RLY Job: 20250093
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EXISTING FIRE HYDRANT
AREA #1
271 SF ENCROACHMENT ON—
15' UTILITY EASEMENT (VOL. 388-140 PG.16)
CONNECT 4" SEWER SERVICE LINE TO
EXISTING SEWER LINE
WITH PROPOSED 4" SANITARY SEWER TAP
CONTRACTOR TO VERIFY SIZE AND INVERT ON SITE
t�, � PROPOSED 4"
���`� �.�: SEWER CLEANOUT�
'S ,�Q' Sf34°50'96"E 90.000'�
�, ss
� P � 3�h��3�n �_
j
, .;,f�IF4. iIH�
AREA #5
150 SF ENCROACHMENT ON
15' UTILITY EASEMENT (VOL. 388-140 PG.16)
% �/
iti't)°20'>8"W 633.990'
� � ��� AREA #4
150 SF ENCROACHMENT ON�
` '� INGRESS/EGRESS ��
` EASEMENT (VOL. 388-140 PG.16)
AND 200 SF ENCROACHMENT ON
EASEMENT FOR ELECTRIC 5.0'
(VOL. 7144 PG. 482)
� � ,
PROPOSED 239 LF UNDERGROUND (
ELECTRICAL (PUBLIC)
INGRESS AND EGRESS EASEMENT I
(VOL. 7144 PG. 482) / .
—EXISTING POWER POLE'
PROPOSED 139 LF UNDERGROUND�
ELECTRICAL (PRIVATE)
AREA #3
100 SF ENCROACHMENT TO
EASEMENT FOR ELECTRIC
(VOL. 8410 PG. 986)
EXISTING POWER POLEJ
EXISTING CLEAN OUT�
� ���� � -
� _ _ -
�
O
�
O
�
CONNECT 1" WATER SERVICE LINE TO
EXISTING WATER LINE WITH
—FROPOSED 1" WATER TAP
CONTRACTOR TO VERIFY
INVERT ON SITE
�
► •
� ��� � ��� �
— G+� ` � 1
i � -
, � �
•
1 �
��
PROPOSED 1" 2 LF WATER
SERVICE LINE (PUBLIC)
PROPOSED 1" WATER METER
BOX UNDERGROUND
PROPOSED 5'x5' WIDE
�WATER METER EASEMENT
ALTAMESA BLVD
PROPOSED 1" 100 LF WATER
�� SERVICE LINE (PRIVATE)
--- SS ;.�ar5srnn �--- ..
� EXIF�STING WATER Ss
-SERVICE LINE s�
20' BSL—�
15' UTILITY EASEMENT-_
VOL. 388-140 PG.16
�30' INGRESS AND EGRESS
EASEMENT (VOL. 388-140 PG.16)
C
� V� �L� �
Feet a
s
i-----� T _ ,
I I � .
� � ��` � � � � �
= PROPOSED FOUNDATION AND
�- - � --'sa°.s°",s"Es�000 - _,EXISTING ASPHALT ARE FLUSH
I� / _ _ _ � SBJ°39'21"e
r,,'� zs zso
' �? I '� L IJ�I� � � er-�
� I � � � � � � a � . � � �
� . �
\ r � I _ ;,, ;r`= � I I � n( .,. a'i ;
;� I � ��; � � PROPOSED WATERMILL EXPRESS
� � ,
L���� � I I I I I 2l 52"E 294 000� j � m
R
� - �SEE INSET 1 � �� �
—' �„� � � � � _
��
� I � � �., � ��'�
�'�,,,,�� r� I I i p �.. C i I i;
,�""'��:;. oo� �
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LL''.IiI
; I
u �� � _�.'
I� - - � ---- -- g
'�� �li �Ili �Ili �II �I��� �II �III--�-'II -- ;j� -
� N89'40'1'l"E 523 Y90' 1 �
AREA #2 KEY MAP
,y� 10.0' 300 SF ENCROACHMENT ON SCALE 1"=250'
— � — � - � - ��� COVENANTS AND RESTRICTIONS RUNNING WITH
INSET � THE LAND EFFECTNE DECEMBER 12. 1984.
RECORDED IN VOLUME 8034. PAGE 921. DHED
SCALE 1��=E)O� � � RECORDS.TARRANTCOUNTY.TEXAS.
� THIS SURVEY AND AS SURVEYED DESCRIPTION
� ARE THE SAME AS THAT SHOWN ON A TITLE
REPORT PREPARED BY FIDELITY NATIONAL
�(�qYll�Y1ll�,l.aii �O�Ir NATIONAL TITLE INSURANCE COMPANY FILE NO.
VO�I�T016�Yd� ZZ��OTX-701-701-DI. EFFECTNE DATE AUGUST 8,
2019. AMENDED ON AUGUST 26. 2019.
� 30' INGRESS AND EGRESS
� + EASEMENT (VOL. 388-140 PG.16) -
��, AND 400 SF ENCROACHMENT ON
i I5�-��� INGRESS AND EGRESS EASEMEN�
`% � (VOL. 7144 PG. 482) LEGAL DESCRIPTION
5.0' v� �- ,
_� �_ m - ', THE LAND REFERRED TO HEREIN BELOW IS
tn PROPOSED 1�� RPZ � SITUATEDINTHECITYOFFORTWORTH.COUNTY
OF TARRANT, STATE OF TEXAS. AND IS
BACKFLOW PREVENTE� oescxisEonsFOL�ows-
� — . . � / � / / � TRACT L
— PROPOSED 4�� SEWER SITUATED IN TARRANT COUNTY. TEXAS, AND
�� ,... � o BEING ALL OF IR-IA, BLOCK 1. PLAT REVISION.
� � IVATE� .4LTA MESA VILLAGE ADDITION. AN ADDITION
� CE LINE $� LF �P _ TO THE CITY OF FORT WORTH. TARRANT
� _ SERVI R
CO J i' =� ��-- � COUNTY. TEXAS. AS RECORDED IN VOLUME
� p m �� 3, D8 E, 28,.630 - 3RR-206, PAGE 37 OF THE PLAT RECORDS OF
0 TARRANT COUNTY. TEXAS. LOCATED IN THE
.— � � J.M B. SMITH SURVEY. ABSTRACT NO. 1412.
EXISTING UNDERGROUND TaxxnNTcouNTv,Texns.
� ELECTRICAL TRACT i�_ enseMeNTs cxenTe� sY ncaEEMENT
R
, : DATED FHBRUARY 20. 1980. RECORDED IN
: � VOLUME 7144. PAGE 4R2. DEED RECORDS,
EASEMENT FOR ELECTRIC TaxxnNT couniTr. rexns. sv nND seTwEEN
/� � SAFEWAY STORES. INC. AND HAMMER
(VOL. 8410 PG. 986) - -J PROPERTIES.TRUSTEE.
G TRACT IIC EASEMENTS CREATED BY GRANT OF
�� . RECIPROCAL EASEMENTS AND DECLARATION OF
Ho � or.E
: � .
H L GR �
�25fi�
4ceNs� —
SN
zoasm-is
WATERMILLEXPRESS
3467 ALTAMESA BLVD, FORT WORTH
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
EXHIBIT A
� MODERN 005GLENDEVONYRIVE a
MES ENGINEERING MGKINNEYT%,]5051 w
SOLUTIONS PMONE:�214�8116]48 6
� FIRM p20221 W
pE51GNED TL DATE PROJECT# SHEET C
q2AWN TL � JULY I 1141]4 I C'' �O ;
REVIEWER MG 2025
�
;
�
:
755
STA 0+73.27 LINE "SEWER"
INSTALL:
1-4" SEWER CLEANOUT
RIM=746.55
N:6921082.14
E:2317228.66
INV 4" (IN)=743.66
INV 4" (OUT)=743.66
INV. 744.01
755
EXISTING
�GRACE
750 750
SE�^�ER SFo���r� LINE (a� (� FOo/
CONNECT 4" SEWER LINE TO 745 745
WATERMILL EXPRESS --
740 j 40
�/ �.;ONNECT 4" SEWER SERVICE LINE
TO EXISTING SEWER LINE
INV: 743.25'
735 735 I
0+00 1+00 I
��G�`�]�4La��l �C��MC�G3 d�C�C�
HORZ. SCALE:1"=100'
VERT. SCALE:1 "=10'
755 755
�
�
�
s�
s¢��
�(je
e5"m
PROPOSED 1" WATER METER
BOX UNDERGROUND�
750 PROPOSED 1" RPZ
EXISTING P� �BFCKFLOW iREVENTER
EXISTING SEWER LINE G�,4DE �
INV:743.17� _ — — — CONNECT 1" WATER
�745 745 SERVICE LINE TO
CONNECT 1" WATER \ i � WATERMILL EXPRESS
SERVICE LINE TO � INV: i42.87'
EXISTING WATER LINE
740 �pROPOSED 1" 32 LF WATER
PROPOSED 1" 2 LF WATEk � SERVICE LINE (PRIVATE)
SERVICE LINE (PUBLIC) PROPOSED 1" 61 LF WATER
INV: 742.87'
I 735 735 SERVICE LINE (PRIVATE)
PROPOSED 1" 2 LF WATEG;�
SERVICE LINE (PRIVATE) 0+00 1+00 1+30
�
�n7:a4C`'Irs r,; �1�,�`9f�C�C� d�G�C�
HORZ. SCALE:1"=100'
VERT. SCALE:1 "=10'
. •
�
W �C�OR )011 �.
sv�reV�
�\ � �
I A�k Y�
e ,z56�, �' a
��<��EN���', s
�" ��;.,
� ��, aE�s�o� zoz�o,.zs
WATERMILLEXPRESS
3467 ALTAMESA BLVD, FORT WORTH
CITY OF FORT WORTH
TARRANT COUNTY,TEXAS
EXHIBIT B
/� MODERN 805GLENDEVONYRIVE
MES ENGINEERING MGqNNEYT%,]5051
SOLUTIONS PMONE: (214) 81%]48
�� FlRM p20211
�ESIGNE� R I DATE PROJECTC SHEET
DRAWN TL JULY CZ�O
REVIEWER MG
I 2025 1141]4
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 20 of 21
Updated 2024
D225219073 11/21/2025 10:13 AM Page: 1 of 5 Fee: $36.00 Submitter: ONCOR Electric Delivery Company LLC
Electronically Recorded by Tarrant County Clerk in Official Public Records -�,��
MARY LOUISE NICHOLSON
COUNTY CLERK
PT #: 2025-�728
District: Ben
E #: 83153
ENCROACHMLNT ON �AS�M�NT
VIlHEREAS, Oncor Electric Delivery Company LL+� ("�Dncor"), is the owner o# an
easemeni in Tarrant �ou�ty, Texas, recorded in Volume 84'I0, Page 98fi, of fih� Deed
Records of Tarrant County, Texas {"Easement"); and
WH E�EAS, Watermill �xpres�, �LC. �"User"}, desires permission fio construct and utilize
a private underground electric line ("Encrvaching �acility") within the area or boundaries
af the Casement ("Easement Ar�a").
NOW, THEI�EFC}RE, in consideration afthe mufiva) covenants contair�ed k�er�in, and o#her
good and valuable cartsideration, #he receipt and s�fficiency of which is �rereby
acknowledg�d, {Jncor and User do hereby agree as follaws:
1. Location of Encroachina F�ciliiv. User may locate tF�e Encro�c�ing Facility in the
E�sementArea, but anly as described and shown on the att�ched drawing marked Exhibii
'"A" and incarporated herein. User may not relocate #he Encraaching Facility within the
Easemen� Area wifihaut the consent and approv�l of �}ncor, which consent and approvai
shall be at C)ncor's sole discretiot�. User acknowledges and agrees that ancor halds
c�asem�nt rights vn the Easement Area; #here#or�, Us�r shall obtain whatever r�ghfis and
permiss'ion, oiher th�n Oncor's, ihat are necess�iry.
2. Restriction� on Use of Easement Area. User shall use anly so much of the
Easement Area as may be necess�ry to construct, maintain and repair the Encroaching
Facility. User shall, at i#s own cost and expense, compi� with a�l appl�cable iaws, including
bui not limited �o existing zoning ordinances, governmental rules and regulations er�acted
or promulgated by any gavernmental authQri#y and shall promptly execute and fulfilt all
orders and requir�ments impcased by such governmen�al auihorities for the �orrecfiian,
prevention and abatement of nuis�nces in or upan or connected with said Encroaching
Faaility. At the conclusion af any constructic�n, User shall remove �[I debris and other
materials from the �asement Area �nd restore the Easement Area to the same conditian it
w�s in prior #a the comrrtiencement �f User's cons#ruction thereon or in prt�ximity thereto.
User shall not place firash dumpsters, fivxic su�stances or flammable material in the
Easement Area. Further, i�f the Easement A�ea has disfiri�ution fa�ilities Ic�cated thereon,
User shall not place upon fihe Easement Ar�a any improuemen#s, including but not f imited
to, buildings, �ight standards, fer�ces, shrubs, #rees or signs unless approv�d in advance in
writing by Oncor.
ENCRQl1CHNi6NT ON EABEM�NT page 9
D225219073 Page 2 of 5
3. Mainten�nce of Encwoach�na Facilitv. User, at User's sole expense, shall
mairttain and operate the Encroachirtg Facility. Qncorwiil not be responsibfe for any costs
of construction, r�;construatian, op�rafiion, maintenance ar removal af User's Encroaching
Facility.
4. Risk arod Liabilii�►r,. User �ssumes a!l risks and liabiliiy resuiting or arisirtg from or
relating to User's us�, the existing condi'tio� or locativn, or existing state of mainte�tance,
repair or operatian of the Easement Area. It is fu�ther agreed that 4naor shalf npt be liable
far any damage to the Encrr�aching F�c�li#y as a result of Oncor's �ase pr enjoyment of its
Easement. Ar�y �rtcor property damaged or destroyed by User or its agents, employees,
invitees, eoniractors or subcontractors shall be repaired or repl�ced by Oncor at User's
expense and payment is due upon User's receipt ofi an invoice from �ncor.
5. Indemnificafiion. User agr�es to defiend, indemnify and hold harm(ess Oncor, its
officers, agents and employees #rom and against any and all cfaims, demands, causes of
aCkion, loss, damage, liabilities, cosfis �nd expenses �i�cfuding attorney'� fees and court
costs) of any aMd e�ery kind or ch�racter, known or unknown, fixed or conti�gent, for
personal injury (including death), property damage or other harm for vu�ich recouery of
dam�ges is sought or suffered by any person or persons, including claims based on strict
liability, arising oufi of or in connection with User's aCtions or omissions or tile actions or
amissions of its officers, a�enfis, associafies, �mployees, contractors or subcvntractors or
th� actions or trmissions of any other person en#ering onto the �asement Area or tMe
�ncroaching F�cility, ir�cluding the neg[igent actians ar omissions af Qn�or, when such
aatians or omissions relate to User's use of the Easernent Ar�a.
6. Hiah Voltape Restrictions. Use of draglines or other boom-type equipmer�t in
connection with ar�y w�rk to be performed or� #he Eas�ment Area by Us�r, its employees,
agents, invitees, cor�tractors or subcontractors must comp#y with Chapier 752, Texas
Health and Safety Code, the Natitinal �iectrical Saf�ty Code and any ati�er applicable
safety ar clearance requiremertfs, Notwiths#anding anything to �he cantrary herein, in no
euent shall any �quiprnent be withi� ten (10} feet of th� C7ncar power lines situat�d on the
aforesaid properky. State law requires contacting Dig Tess by caifing 811 for undergrou�td
equipment to be located at least two (2) woricing days before you dig. Dig Tess daes na�
mark a precise loc�ti4rt but is usuaHy within fvur {q�) feet of the �ctual location. User mus#
no#ify t�e Onccar Distribution Operations Manager �t 1»88$-3'13-5862, 48 hours prior to
the beginnin� of ar�y work on the Easement Area.
7. R.emoval of Encroaahince Fac�li#v, If �t any time in ihe future, #he Er�croa�hing
Facility, in the sole judgment of �ncor, inter�eres with C}ncor's use or �njoyment �f its
easement righfis, Oncor shall hav� the right to require Us�r to, within sixty (60) days of
Qncor's giving of written notice thereof, either, at Qncar's optipn, (a} remave the
Er�crc��ching Facilifiy from the EasementArea (at Uwner's sole expense) or (b} reimburse
Oncor for alf reasonable costs of removal and relocat�on of its ele�trical faciiikies located or�
the Easement Area. However, in an emergency, C)ncor shal! have the right to immediately
remove
�NCRdA1�HM6NT ON 6ASEMENT Page 2
D225219073
Page 3 of 5
the Encroaching Facility. If the Encroaching Facility is removed, Oncor will not
unreasonably withhold consent for User to relocate the Encroaching Facility within the
Easement Area.
8. Default and Termination. It is understood and agreed that, in case of default by
User or its agents in any of the terms and conditions herein stated and such default
continues for a period of ten (10) days after Oncor notifies User of such default in writing,
Oncor may at its election forthwith terminate this agreement and upon such termination all
of User's rights hereunder shall cease and come to an end. This agreement shall also
terminate upon the abandonment of the Encroaching Facility.
This agreement shall extend to and be binding upon User and its successors and assigns,
and is not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Executed this � � day of N OVP/1'Y� b� , 2025.
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
BY� � .
R el DiMaria, Attorney-in-fact
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Raquel
DiMaria, Attorney-in-Fact for Oncor Electric Delivery Company LLC, a Delaware limited
liability company, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same as the act and deed of the
said Oncor Electric Delivery Company LLC, a Delaware limited liability company, for the
purposes and consideration therein expressed, in the capacity therein stated and that she
is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� S� day of
i�,,,,F�,s�•t. , A.D. 2025.
, ,
,,,,�„„ - �� v �
���rove � KILIAN JOSEPH BENNETT
=:°:�,`c',cNotary PubGc, Stete of Texas
;N.��. ��; Comm. Expires 10�06-2026 Nota f y Pub�ic in and for the State of Texas
�%�Of`�`� Notary ID 133999280
��nu����
� �.i
ENCROACHMENT ON EASEMENT
Page 3
D225219073
Page 4 of 5
Executed this 0� day of ��-P�� �
By: Water Mill Express, LLC.
, 2025.
By: �
ath Weidert, Chief development Officer
�-S �
STATE OF �E�45 §
COUNTY OF�f li� §
BEFORE ME, the undersigned authority, on this day personally appeared Heath Weidert,
as Chief Development Officer, 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, in the capacity therein stated and he is
authorized to do so.
GIV N UNDER MY HAND AND SEAL OF OFFICE this �� day of
�' , A. D. 2025.
�� .
Nota �u c ii�a�d for the State of
CHRISTY OLSON ry ��
Notary Public-State�Q�f., n s
My Appt. ExpiresCL�
ENGROACHMENT ON EASEMENT
Page 4
�
�. AT&T
AT&T Right-of-Way
l I 16 llouston St, Rm. 1412
Fort Worth, T7� 76102
September 19, 2025
Ashley Hayes
Watermill Express, LLC
1177 S 4"' Avenue
Brighton, CO 80601
RE: AT&T Letter of No Objection — Water Service Line Construction
Alta Mesa Village Addition — Lot 1R-lA, Block 1— D183009512
Fort Worth, Tarrant County, Texas
Ms. Hayes,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the
encroachment into the Utility Easement for the construction of the water service line to the
property referenced above at 3467 Altamesa Blvd.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installateon, repairs,
replacement, or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extrem� caz�iiun
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,
���S�"�' /"� • l.�o,.ti.u�..
V
Ray A. Garcia
AT&T—Sr. Specialist OSP Design Engineer � Right-of-Way
817-SSO-7576
ra vga rcia(a�,a tt.com
Docusign Envelope ID: 2146F2BC-D1CB-4B36-B817-A6FA14453871
-
_.TMos
energy
August 27, 2025
Re: Encroachment into Utility Easement
Location: 3467 Altamesa Blvd. Fort Worth, TX 76133
Ashley Hayes,
Upon your request, I have reviewed the location of the gas facilities near your
project site. Atmos does not object to the encroachment located at the property listed
above. Verification of the gas line can be obtained through 811 Call Before You Dig.
Any damage cause to Atmos facilities due to such encroachment will be billed to the
party causing the Damage.
If you have any questions, please contact me at (817) 319-2237
Sincerely,
Signed by:
,�aSbl�, �t�Sb�,
0761AE1BEODD48B...
Jason Gilson
Project Specialist
Atmos Energy
EmaiL• timothv.<,�ilson(a�atmosener�v.com
Atmos Energy Corporation
901 Altamesa, Fort Worth, Texas 76134
P 817319-2237 timothy.gilson@atmosenergy.com atmosenergy.com
ecrrum►
August 28, 2025
RE: Easement encroachment
Location: 3467 Altamesa Blvd, Fort Worth, TX 76133
Spectrum Communications hereby grants an encroachment for the purpose of building into
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 no facilities within this easement. If it has not
already taken place, please call 1-800-DIG-TESS (htt�s://texas811.or�/1 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,
Cf���t�r
. �
John Janusik � Business Development Specialist
1776 N Greenville Ave � Richardson, TX 75081
Email: iohn.ianusikCa�charter.com
Office: 214.319.4904
Mobile: 214.724.5815
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 21 of 21
Updated 2024
FORT ��RTH�
City Secretary's Office
Contract Routing & Transmittal Slip
C011traCtOr� S Na111e: 539 Moorestreet LLC, Green Moore LLC, Prain Properties LLC, Somani Holdings LLC, and Zars Acquisition LLC
Subject of the Agreement: Tier II Encroachment
M&C Approved by the Council? * Yes ❑ No 8
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 "PermanenY'? *Yes ❑ No 8
If �unsure, see back page for pernianent 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 Director signs Expiration Date: 30 years from execution
If different from the appv�oval 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.
Proj ect 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 processin� in the followin� 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.