HomeMy WebLinkAbout065039 - General - Contract - Wal-Mart Real Estate Business TrustDate Received: 4/16/2026
Time Received: 9' 29 a.m.
Record Number: PN25-00151
City Secretary No.: 65039
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 WAL-MART Real Estate
Business Trust, a Delaware business trust ("Licensee"), acting by and through its duly
authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 8520 North
Beach Street, Fort Worth, Texas 76244 ("Property"), being more particularly described
as, Lot 2A1, Block 1, Riverside WAL-MART Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Deed Records, by Instrument Number
D205172558; and
WHEREAS, the City owns or/and has an interest in a public utility easement (the
"Public Property") adjacent to the Property, dedicated by plat, depicted on the fmal plat
of the property (FS-20-196), which plat is recorded in the plat records of Tarrant County
as Instrument D221040946 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 1 of 13
Revised
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 a private underground electrical lines and conduit (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
Tier II Easement Encroachment Agreement Page 2 of 13
Revised
improvements to its public facilities or utilities necessary for the health, safety, and
welfare of the public. The City shall have no responsibility or liability for any damages
related to the Encroachment resulting from the City's use of the Public Property;
however, the City shall make reasonable efforts to minimize such damage.
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then -existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of One Thousand Twelve Dollars and Fifty Cents
($1012.50).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
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
Tier II Easement Encroachment Agreement Page 3 of 13
Revised
at any time during the term hereof determine in its sole discretion to use or cause or
permit the Public Property to be used for any other public purpose, including but not
being limited to underground, surface, or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with written
documentation evidencing that Licensee is self -insured and maintains financial
responsibility sufficient to cover all public liability risks related to the proposed use and
occupancy of public property as located and described in Exhibit "A." The limits of such
self-insurance shall be not less than
$1,000,000
with the understanding and agreement that the City may require higher limits of
indemnification at its option, and Licensee shall adjust accordingly upon receiving
written notice of such requirement. Such self-insurance shall not be canceled or amended
without at least thirty (30) days prior written notice to the Building Official of the City or
ten (10) days prior written notice in the case of nonpayment to the Building Official of
Tier II Easement Encroachment Agreement Page 4 of 13
Revised
the City. Documentation of Licensee's self -insured status is attached as Exhibit "C" and
incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its
successors and assigns to maintain such self-insurance and financial responsibility
throughout the term of this Agreement and until the Encroachment is removed and the
Public Property is restored.
In addition, Licensee shall require all contractors and subcontractors performing any
work within the Encroachment to maintain, at their own expense, policies of public
liability insurance covering all public risks arising from their operations. Such insurance
shall name the City, Licensee, and Licensee's officers, agents, employees, successors,
and assigns as members of the indemnified group. The limits of insurance required of
contractors and subcontractors shall be not less than $1,000,000, or such higher limits as
the City may require at its option. Licensee agrees, binds, and obligates itself and its
successors and assigns to ensure that all contractors and subcontractors maintain such
insurance coverage for the duration of their work within the Encroachment and until the
Encroachment is removed and the Public Property is restored.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
Tier I1 Easement Encroachment Agreement Page 5 of 13
Revised
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Prior to the end of the term of this Agreement, Licensee may submit a new
encroachment application to the City. The City will not unreasonably withhold or delay
approval of such application provided that the Encroachment follows the then current
City codes and compliance.
20.
Tier II Easement Encroachment Agreement Page 6 of 13
Revised
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
21.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
22.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 13
Revised
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
By: Dalton Harrell (Apr 15, 2026 1 4:34:05 CDT)
D. J. Harrell
Director, Development Services Department
Date: 04/15/2026
oov unn
� C�FORt�adp
ATTEST: ;moo `�,°d, Approved As To Form and Legality
duo o:d
�Ez s 44
Tayler Cer.n (Apr 10, 2 6 08,57:52 C
Jannette Goodall, Tayler Canton
City Secretary Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
JAB
Kandice Merrick
Contract Compliance Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 13
Revised
Licensee.
Wal-Mart Real Estate Business Trust
a Delaware business trust
Name: Drew Marshall
Title: Director
Date: April 1, 2026
STATE OF ARKANS.AS
COUNTY OF BENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Arkansas. on this day personally appeared Drew Marshall. Director 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 WAL-MART REAL ESTATE BUSINESS
TRUST, a Delaware business trust. and in the capacity therein stated.
GIVEN [ENDER MY HAND AND SEAL OF OFFICE this 1st day of
April, 2026.
1
�lig' ___ I I
Notary Public in and or thp4ci
fArkansas
II
LINDA STELLJES
NOTARY PU13LIC
BENTON COUNTY, ARKANSAS
COMM. EXP. 12101/27
COMMISSION NO, 12703323
Tier II Easement f ncroachnaent Agereement Page 9 of 13
Rrised
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 15th day of
April , 2026.
4114�� U)
Notary Public in and for the State of Texas
Tier II Easement Encroachment Agreement
Revised
Audrey Lee Waliaca
My commial Ion Expires
911012028
Nolwy [D1360912586
Page 10 of 13
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 13
Revised
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ENCROACHMENT EASEMENT DESCRIPTION
0.005 - ACRE
BEING a tract of land situated in the Eli W. Shriver Survey, Abstract No. 1455, City of Fort Worth, Tarrant County,
Texas and being a portion of Lot 2A1, Block 1, Wal-Mart Addition, an addition to the City of Fort Worth, according to
the Plat filed of record in Document No. D221040946 Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a
portion of that tract of land conveyed to Wal-Mart Real Estate Business Trust, according to the Deed filed of record in
Document No. D205172558 Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), and being more
particularly described as follows:
COMMENCING at the southeast corner of Lot 4, Block 1, Wal-Mart Addition, an addition to the City of Fort Worth
according to the plat filed of record in Cabinet A, Slide 8494, P.R.T.C.T., same being the most southerly southwest
corner of said Lot 2A1, Block 1, being in the northeasterly right-of-way line of North Tarrant Parkway and being from
which a 5/8-inch iron rod with yellow plastic cap stamped "Bury & Partners" found for an angle point in the west line
of said Lot 2A1, Block 1 bears North 21 °24"58" East, a distance of 17.26 feet;
THENCE South 68°35'02" East, with the northeasterly right-of-way line of said North Tarrant Parkway, a distance of
312.33 feet to the POINT OF BEGINNING;
THENCE over said Lot 2A1, the following bearings and distances:
North 27°56'33" West, a distance of 23.03 feet to a point for corner;
South 68035'02" East, a distance of 15.35 feet to a point for corner;
South 27056'33" East, a distance of 23.03 feet to a point for corner in the south line of said Lot 2A1, Block 1 and
being in the northeasterly right-of-way line of said North Tarrant Parkway and being from which the southwest
corner of Lot 2B, Block 1, Wal-Mart Addition, an addition to the City of Fort Worth according to the plat filed of
record in Cabinet A, Slide 12237, P.R.T.C.T., bears South 68°35'02" East, a distance of 138.52 feet;
THENCE North 68°35'02" West, with the northeasterly right-of-way line of said North Tarrant Parkway, a distance of
15.35 feet to the POINT OF BEGINNING and containing 230 square feet or 0.005 of an acre of land.
09/18/2025
........... o r
,tP•�G � RF'•.
MICHAEL J. SWAYNE �.
REGISTEREDPROFESS AL ••••••••••••••••••••••••••••,
LAND SURVEYOR NO. 7143
400 NORTH OKLAHOMA DR.,
SUITE 105
CELINA, TEXAS 75009
PH. 469-501-2200
michael.swayne@kimley-horn.com
ENCROACHMENT EASEMENT
ELI W. SHRIVER SURVEY,
ABSTRACT NO. 1455
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
SWAYNE, MICHAEL 9/18/2025 9:40 AM K:\CEL_SURVEY\063363451 - WM 2980 - FORT WORTH, TX (2025 EV)\DWG\063363451 - WM 2980 - ENCROACHMENT EASEMENT.DWG
LOT 4, BLOCK 1
WAL-MART ADDITION
CAB. A, SLIDE 8494
P.R.T.C.T.
5/8" IRFC
"BURY &
PARTNERS"
\ N21 °24'58"E
17.26'
P.O.C.
A(Tq
0
AR,ge RRgNT�2
ory)Y/c•1 kw� Y \
,yy L1
P.O.B.
I NOTES
Bearing system based on the Texas Coordinate System,
North Central Zone (4202), North American Datum of 1983
(NAD 83).
LEGEND
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCING
IRFC = IRON ROD W/CAP FOUND
P.R.D.C.T. = PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
ELI W SRACT N SU 455 Y
ABST
LOT 2A1, BLOCK 1
WAL-MART ADDITION
DOC. NO. D221040946
P.R.T.C.T.
WAL-MART REAL ESTATE
BUSINESS TRUST
DOC. NO. D205172558
O.P.R.T.C.T.
NORTH
0 50 100
GRAPHIC SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L1
N27°56'33"W
23.03'
L2
S68°35'02"E
15.35'
L3
S27°56'33"E
23.03'
L4
I N68°35'02"W
1 15.35'
0.005 ACRE
L2 230 SQ. FT.
L\
,68
L4
15' UTILITY EASEMENT
CAB. A, SLIDE 8494 —
P.R.T.C.T.
1-�- - -
LOT 213, BLOCK 1
WAL-MART ADDITION
CAB. A, SLIDE 12237
P.R.T.C.T. /
ENCROACHMENT EASEMENT
ELI W. SHRIVER SURVEY,
ABSTRACT NO. 1455
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Revised
�TMOS
energy
January 6, 2026
Aaron Taylor
Kimley-Horn
Re: Encroachment into Utility Basement-Walmart 2980-8520 North Beach
Street, Fort Worth, Texas 76244
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 Gall Before You Dig. Any damages to Atmos facilities due to such
encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at 214-549-7144.
Sincerely,
(G
Bobb�O—ney
Project Manager
Atmos Energy Corporation
100 West Nfornningside
Fort North, Texas 76110
Jordan Reed
NC R
Oncor Electric Delivery
1702 Live Oak Dr
Cleburne, TX 76033
Tel 469-404-8362
Jordan.reed@oncor.com
January, 8th 2026
Hello,
Oncor does not oppose to joint used easements. We understand the other possible utilities and
will adhere to any joint utility clearance requirements.
Jordan Reed
600 Northwest Pkwy.
Azle, TX 76020-2916
Azle * Granbury
January 14, 2026
City of Fort Worth
c/o Kimley Horn
2600 N. Central Expressway, Suite 400
Richardson, TX 75080
Phone: 817.444.3201
tcectexas.com
Keller * Seymour
Via Electronic Mail: Aaron.Taylor@kimley-hom.com
Re: Letter of no objection for 8520 N. Beach Street, Fort Worth, TX 76244
To Whom it May Concern,
I am writing on behalf of Tri-County Electric Cooperative, Inc. ("TCEC"), regarding the proposed EV improvements at 8520
N. Beach Street, Fort Worth, TX 76244. Based on our review of the attached plat, TCEC has no objection to the proposed
encroachment into the platted easement at this time, provided that: (a) the encroachment does not interfere with existing
or future electric utility facilities; (b) TCEC and other public utilities retain full rights of ingress and egress and the ability
to construct, reconstruct, inspect, patrol, maintain, add to, or remove their facilities within the easement; and (c) the
encroachment remains subject to removal at the encroaching party's expense if required for utility purposes, all consistent
with the easement reservations shown on the plat.
Please include this letter in the encroachment review file for the city of Fort Worth. This no -objection letter does not
constitute an easement release, amendment, or consent to construct over electric facilities, and does not waive any rights
of Tri-County Electric Cooperative, Inc. under recorded documents or applicable agreements. Should you require any
further information or have any questions, please do not hesitate to contact me.
Please ensure that all minimal distances are maintained and that the proper actions are taken to protect the existing
infrastructure. Please be sure that contractors request line locates prior to any excavation. Should any concern be raised
regarding the use of this letter, please reach out to us for assistance.
Thank you for your attention to this matter.
Sincerely,
c6xuux�
Brennan Sebastian
Field Support Manager
817-752-8235
bsebastian@tcectexas.com
at&t
February 5, 2026
RE: Tarrant County —8520 N Beach, Fort Worth, Texas
Wal-Mart Addition, Block 1, Lot 4
15-ft Utility Easement Encroachment Request
AT&T Texas
Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 15-ft utility easement along
the south side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has
no objections to the requested encroachment for Electric Vehicle improvements as shown on the
attached sketch.
Plat found in Tarrant County Clerk File Recorded as Volume A, Page 8494.
It is not the intent of this letter to waive any rights granted to AT&T in the easement or right-of-
way except to permit this encroachment. AT&T shall continue to have unrestricted access to, on
and across the easement/right-of-way for installation, repairs, replacement, or upgrades to
facilities.
Please let me know if you have any questions.
Sincerely,
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
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EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Revised
Walmart ;' Global Risk
I`* Management
Effective Date: Continuous throughout the term oft he below referenced agreement.
RE: Request for proof of insurance / self-insurance perthe terms of a signed agreement
To Whom It May Concern,
Wa I mart takes its obligations to its associates, customers, business partners, I and lords, and others very seriously.
In order to best fuIfiII its responsibiIitiesto its customers, associates, and shareholders, Walmart uti Iizes a
combination of insurance, self-insu red retentions, and self-insurance fora number of risks. With respect to claims
arising out of third party liabilities fora II forms of I egal I iabiIity for bodily i njury and property damage, Walmart
Inc., its affiliates and its subsidiaries (collectively "Walmart"), elects to self -insure the insurance requirements of
its agreements where allowed byIawand by the terms of the agreement.
With respect to claims arising from physical loss or damage to structures, equipment and/or other tangible
property for which Walmart assumes the res ponsibiIityfor the risk of I oss, Walmart i s self -funded.
The existence of an insurance policy does not supersede WaImart's right to self -insure. Please a IIowthi s letter to
serve as evidence of WaImart's election to self -insure.
Wa I mart is prepared to meet its I egal I iabiIities in connection wi th its agreements. For evi dence of the requisite
net worth of Wa Imart, please visit httg://stock.waImart.com to view the current a nnuaI and quarterly reports.
Si ncerely,
Wa I mart GI obal Risk Management
MEMORANDUM OF LIABILITY INSURANCE
Current as of
September 15, 2025
PRODUCER
THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY TO AUTHORIZED VIEWERS FOR
MARSH USA INC
THEIR INTERNAL USE ONLY AND CONFERS NO RIGHTS UPON ANY VIEWER OF THIS MEMORANDUM
1166 Avenue of the Americas
OTHER THAN THOSE PROVIDED FOR IN THE POLICY. THIS MEMORANDUM DOES NOT AMEND, EXTEND
New York, NY 10036
OR ALTER THE COVERAGE DESCRIBED BELOW. THIS MEMORANDUM MAY ONLY BE COPIED, PRINTED
AND DISTRIBUTED WITHIN AN AUTHORIZED VIEWER AND MAY ONLY BE USED AND VIEWED BY AN
AUTHORIZED VIEWER FOR ITS INTERNAL USE. ANY OTHER USE, DUPLICATION OR DISTRIBUTION OF
THIS MEMORANDUM WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED. THE INFORMATION
CONTAINED HEREIN IS AS OF THE DATE REFERRED TO ABOVE. NEITHER THE INSURED NOR THE
PRODUCER SHALL HAVE ANY OBLIGATION TO INFORM AN AUTHORIZED VIEWER OF ANY CHANGES TO
THIS INFORMATION.
INSURED
COMPANIES
AFFORDING COVERAGE
NAIC #
Walmart Inc.
Its Subsidiaries and Its Affiliates
COMPANY A
NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA
19445
COMPANY B
AIU INSURANCE COMPANY
19399
1 Customer Drive
COMPANY C
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
43575
Bentonville, AR 72716
COMPANY D
ACE PROPERTY AND CASUALTY INSURANCE COMPANY
20699
COMPANY E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMPANY LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY
LIMITS
DATE
EXPIRATION
LIMITS IN USD UNLESS OTHERWISE INDICATED
DATE
A
GENERAL LIABILITY
3609379
9/15/2025
9/15/2026
EACH OCCURRENCE
$1,000,000
CLAIMS
I X
OCCUR
PERSONAL & ADV INJURY
$1,000,000
MADE
X COMMERCIAL GENERAL
FIRE DAMAGE (Any One Fire)
$1,000,000
MED EXP (Any One Person
n a
X GEN'L AGG LIMIT APPLIES
PER POLICY
PRODUCTS- COMP/OP AGGREGATE
$3,000,000
GENERAL AGGREGATE
$3,000,000
A B
AUTOMOBILE
LIABILITY
3135705 (AOS)
9/15/2025
9/15/2026
COMBINED SINGLE LIMIT
$1,000,000
X
ANY AUTO
3135703 (MA)
BODILY INJURY (Per Person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY (Per Accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
D
EXCESS
LIABILITY
XEUG27892036 011
9/15/2025
9/15/2026
EACH OCCURRENCE
$5,000,000
X
UMBRELLA FORM
AGGREGATE
$5,000,000
OTHER THAN UMBRELLA
FORM
ABC
WORKERS
SEE BELOW
9/15/2025
9/15/2026
WORKERS COMPENSATION LIMITS
STATUTORY
EL EACH ACCIDENT
$1,000,000
COMPENSATION/
EL DISEASE - POLICY LIMIT
$1,000,000
EMPLOYERS LIABILITY
EL DISEASE - EACH EMPLOYEE
$1,000,000
ADDITIONAL INFORMATION
GENERAL LIABILITY: Coverage includes Professional Liability including Druggist's and Optician's
GENERAL LIABILITY POLICY 3609379 IS SUBJECT TO A SELF INSURED RETENTION OF
USD $2,000,000 EACH OCCURRENCE
With respect to Commercial General Liability, Policy 3609379 any party with which the Named Insured has contractually agreed to include as Additional Insured, such status is granted. Such Additional
Insured status is subject to the limits, terms and conditions of the policy and shall apply
only to the extent of and for no more than the limits required within such contractual agreement..
EXCESS LIABILITY:
EXCESS LIABILITY POLICY XEUG27892036 011 IS SUBJECT TO A SELF INSURED RETENTION OF USD $50,000,000 EACH OCCURRENCE
WORKERS' COMPENSATION POLICIES:
COMPANY A:
EXCESS WORKERS'COMPENSATION:
6583214 (FL)
6583215 (AL,AZ,ME,NY,OH,OK,OR,WA)
6583216 (AR,GA,LA)
COMPANY B:
014111789(CO,CT,DC,IA,IN,KS,MI,NE,RI,SC,SD,WV)
014111790(DE,HI,ID,MD,MN,MO,MS,MT,NM,NV,TN)
014111788 (AK,MA,ND,NJ,PA,VA)
014111791 (WI)
014111787 (IL,KY,NC,NH,UT,VT)
COMPANY C:
WLRC7279882A (CA)
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized.
MEMORANDUM OF PROPERTY INSURANCE
Current as of
April 1, 2025
THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY TO THOSE WITH WHOM WALMART HAS A WRITTEN AGREEMENT REQUIRING WALMART TO FURNISH
EVIDENCE OF INSURANCE ("AUTHORIZED VIEWERS)") FOR THEIR INTERNAL USE ONLY AND CONFERS NO RIGHTS UPON ANY AUTHORIZED VIEWER OTHER THAN THOSE
PROVIDED FOR IN THE POLICY. THIS MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DESCRIBED BELOW. THIS MEMORANDUM MAY ONLY BE COPIED,
PRINTED AND DISTRIBUTED WITHIN AN AUTHORIZED VIEWER'S OWN ORGANIZATION AND MAY ONLY BE USED AND VIEWED BY AN AUTHORIZED VIEWER FOR ITS INTERNAL
USE. ANY OTHER USE, DUPLICATION OR DISTRIBUTION OF THIS MEMORANDUM WITHOUT WALMART'S PRIOR WRITTEN CONSENT IS PROHIBITED. THIS MEMORANDUM DOES
NOT CONSTITUTE A CONTRACT BETWEEN AUTHORIZED VIEWER AND THE ISSUING INSURERS) OR WALMART.
PRODUCER NAME,
COMPANY NAME AND ADDRESS NAIC N0: 0
CONTACT PERSON AND ADDRESS
BROADSTREET INSURANCE COMPANY AND VARIOUS OTHER INSURERS
DIRECT
EMAIL: certrequest@wal-mart.com
NAMED INSURED AND ADDRESS
POLICY NUMBER
VARIOUS
Walmart Inc.
EFFECTIVE DATE
EXPIRATION DATE
Its Subsidaries and Its Affiliates
1 Customer Drive
04/01/2025
04/01/2026
Bentonville, AR 72716
PROPERTY INFORMATION
LOCATION/DESCRIPTION
ALL LOCATIONS WITHIN THE UNITED STATES OF AMERICA OWNED BY WAL-MART STORES, INC., OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, AND TO THE EXTENT
REQUIRED BY SIGNED AGREEMENT, ANY PROPERTY FOR WHICH WALMART INC., OR ANY OF ITS SUBSIDIARIES OR AFFILIATES HAS AGREED IN WRITING TO FURNISH
INSURANCE COVERAGE OF THE TYPE PROVIDED BY THE POLICIES OF INSURANCE REFERENCED HEREIN, SUBJECT TO ALL THE TERMS, CONDITIONS AND LIMITS SET FORTH IN
SUCH POLICIES.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE
BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION PERILS INSURED: ALL RISKS
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $500,000,000
YES
NO
N/A
RENTAL INCOME
X
BLANKET COVERAGE- FULL REPLACEMENT VALUE
X
TERRORISM COVERAGE
X
$200,000,000
IS DOMESTIC TERRORISM EXCLUDED?
X
LIMITED FUNGUS COVERAGE
X
FUNGUS EXCLUSION
X
REPLACEMENT COST
X
AGREED VALUE
X
COINSURANCE
X
EQUIPMENT BREAKDOWN
X
LIMIT:
INCLUDED
ORDINANCE OR LAW -Coverage for loss to undamaged portion of building
X
LIMIT:
INCLUDED
-Demolition Costs
X
LIMIT:
$50,000,000
-Increased Cost of Construction
X
LIMIT:
$50,000,000
EARTH MOVEMENT
X
LIMIT:
$325,000,000
FLOOD
X
LIMIT:
$150,000,000
WIND/HAIL
X
LIMIT:
INCLUDED
PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS
MUTUAL WAIVER OF SUBROGATION
ADDITIONAL INFORMATION
Property:
With respect to Property, any party with which the Named Insured has contractually agreed to include as Additional Insured, Mortgagee, and/or Loss Payee, such status is granted.
Such status is subject to the limits, terms and conditions of the policy and shall apply only to the extent of and for no more than the limits required within such contractual
agreement.
The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized.
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: WAL-MART Real Estate Business Trust
Subject of the Agreement:
Easement 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 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 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
If different from the approval date.
Expiration Date: 30 years from execution
If applicable.
Is a 1295 Form required? * Yes ❑ No ED
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.