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HomeMy WebLinkAbout065121 - General - Contract - Atmos Energy CorporationDate Received: 4/29/2026 Time Received: 8 :41 a. m . Record Number: PN26-00035 City Secretary No.: 65121 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT TIER 11 This PUBLIC PROPERY EASEMENT ENCROACHMENT LICENSE AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and ATMOS ENERGY CORPORATION, a Texas and Virginia corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of gas pipeline facilities encumbering the property located at 12000 South Freeway, Fort Worth, Texas 76028 ("Property"), being more particularly described as, Lot 3, Block A, IH35W Global Logistics Addition, situated in the Joseph Martin Survery, Abstract No. 1017, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in the Tarrant County Deed Records, as Instrument Number D226006864; and WHEREAS, the City owns a water line easement (the "Public Property") adjacent to the Property, dedicated by plat, depicted on the final plat of the property FP- 25-001, which plat is recorded in the plat records of Tarrant County, Texas as Instrument Number D225064815; 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 gas service lines (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Public Property. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on the Public Property beyond what is specifically described in Exhibit "A." 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. 0 Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "B." Licensee agrees that it shall secure the approval and consent of all other appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. Tier 11 Easement Encroachment Agreement Page 2 of 13 Revised 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then -existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of One Thousand Twelve Dollars and Fifty Cents ($1012.50). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. $. 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 Tier II Easement Encroachment Agreement Page 3 of 13 Revised 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. 2 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 Tier II Easement Encroachment Agreement Page 4 of 13 Revised with the understanding and agreement by Licensee that such insurance amounts may be revised upward within reason 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 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 the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors or Licensee's contractors or subcontractors will maintain their own insurance in types and amounts required hereunder. Notwithstanding the foregoing, it is acknowledged and agreed that Licensee (of itself alone) shall be entitled to self -insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee's customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee's responsibility for claims and liability with value up to the amount of Licensee's self - insured retention, and if applicable, the existence of Licensee's excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder. Such self-insurance shall respond in the same manner that the required insurance policies would have if the Licensee has purchased insurance in the standard insurance market. 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. Tier 11 Easement Encroachment Agreement Page 5 of 13 Revised 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. is. 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 Tier II Easement Encroachment Agreement Page 6 of 13 Revised 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 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 �aGton tfa���GG By: Dalton Harrell (Apr 27, 2026 15:22:03 EDT) D. J. Harrell Director, Development Services Department Date: 04/27/2026 ATTEST: 9F .... * op4°e= ' dd pie G9d0 aCyn>EXPso�o Jannette Goodall, City Secretary Approved As To Form and Legality Tayler Canton Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that l 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 CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Revised Page 8 of 13 Licensee: ATMOS ENERGY CORPORATION A Texas and Virginia corporation By: _ Lzx�-" � Na e- Yorjov\ fJ00c, Title: Vice President of Operations Date: _4 - ! 4 - 7 % STATE OF�5 § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of L)n� on this day personally appeared -3 Uu00-1- q f D� !� (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 &-ZV& S 'FW:g9W a-TrLkSt4l 'WA (entity type), and in the capacity C-of- D pr I i p d therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � " day of '{i~_1 �-- , 2026. r Notary Public in and for the State of A S Tier [I Easement Encroachment Agreement Revised FSAORZ ACMA NOTARY PtJBL10 STATE OF TEXAS MY COMM. EW.. 02121/ZO NOTARY 101355W153 Page 9 of 13 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 27th day of April . 2026. Notary Public in and for the State of Texas {RY P4 KATHLEEN BRADFORD n Notary Pahlic STATE OF TEXAS y. 66'"VVV Notary I.D. M97197 oc MY Comm. Exp. Apr. 4, 2027 Tier I1 Easement Encroachment Agreement Revised Page 10 of 13 EXHIBIT A Depiction and Description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 13 Revised EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, & 3 LOCATEDIN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PART 1: ENCROACHMENT AREA # 1 ATMOS SERVICE LINE CROSSING A 15-INCH WASTEWATER LINE WITHIN A 20 FOOT UTILITY EASEMENT BEING a 200 square foot (0.0046 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, 0.P.R.T.C.T., and being the intersecting area of that 20-foot wide Utility Easement recorded in Volume 9532, Page 1900, Deed Records of Tarrant County, Texas, (D.R.T.C.T.), with a 10-foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T., and being more particularly described by metes and bounds as follows: COMMENCING at a found crow's foot in concrete for the northeast corner of said Lot 3, and common southeast corner of Lot 1, Block A IH35W Global Logistics addition, an addition to the City of Fort Worth as recorded in Instrument Number D220324983, O.P.R.T.C.T, said point being on the west right-of-way line of IH35W (known as South Freeway), and being on the east line of said 20-foot wide utility easement recorded in Volume 9532, Page 1900, D.R.T.C.T.; THENCE South 00 degrees 16 minutes 02 seconds East, along said west right-of- way line of I1-135W, the east line of said Lot 3, Block A and the east line of said 20- foot wide utility easement, a distance of 20.00 feet to the POINT OF BEGINNING of the herein described tract, said point being the northeast corner of said 10-foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T.; THENCE South 00 degrees 16 minutes 02 seconds East, continuing along said west right-of-way line and east line of said 20-foot wide utility easement, and along the easterly most line of said Atmos Gas Easement, a distance of 10.00 feet to the most easterly southeast corner of said Atmos Gas Easement; Ld—Atmos Easement Encroachment Areas — 3 Tracts-34812.doc Page 1 of 10 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, & 3 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE South 89 degrees 44 minutes 17 seconds West, departing said west right-of-way line and crossing said 20-foot wide utility easement, and along the south line of said Atmos Gas Easement, a distance of 20.00 feet to a point on the west line of said 20-foot wide utility easement; THENCE North 00 degrees 16 minutes 02 seconds West, departing the south line of said Atmos Gas Easement and crossing said Atmos Gas Easement and along the west line of said 20-foot wide utility easement, a distance of 10.00 feet to a point on the north line of said Atmos Gas Easement; THENCE North 89 degrees 44 minutes 17 seconds East, departing said west line, and crossing said 20-foot wide utility easement, and along the north line of said Atmos Gas Easement, a distance of 20.00 feet to the POINT OF BEGINNING AND CONTAINING 200 square feet or 0.0046 acres of land, more or less. PART 2: ENCROACHMENT AREA # 2 ATMOS SERVICE LINE CROSSING A 16-INCH WATER LINE WITHIN A 20 FOOT WATER LINE EASEMENT BEING a 200 square foot (0.0046 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and being the intersecting area of that 20-foot wide water line easement running parallel to IH35W dedicated by said IH35W Global Logistics addition, with a 10-foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T., and being more particularly described by metes and bounds as follows: COMMENCING at a found crow's foot in concrete for the northeast corner of said Lot 3, Block A and the common southeast corner of Lot 1, Block A IH35W Global Logistics addition, an addition to the City of Fort Worth as recorded in Instrument Ld_Atmos Easement Encroachment Areas — 3 Tracts-34812.doc Page 2 of 10 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, & 3 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Number D220324983, O.P.R.T.C.T, said point being on the west right-of-way line of IH35W (known as South Freeway); THENCE South 00 degrees 16 minutes 02 seconds East, along said west right-of- way line of IH35W and the east line of said Lot 3, Block A, a distance of 20.00 feet to the northeast corner of said 10-foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T.; THENCE South 89 degrees 44 minutes 17 seconds West, departing said west right-of-way line, crossing said Lot 3 and along the north line of said Atmos Gas Easement, a distance of 12.03 feet to the POINT OF BEGINNING of the herein described tract, being on the east line of said 20-foot wide water line easement dedicated by said Plat recorded in Instrument Number D225064815; THENCE South 00 degrees 15 minutes 02 seconds East, departing the north line of said Atmos Gas Easement and crossing said Atmos easement, and with the east line of said 20-foot wide water line easement, a distance of 10.00 feet to a point on the south line of said Atmos Gas Easement; THENCE South 89 degrees 44 minutes 17 seconds West, along the south line of said Atmos Gas Easement and crossing said 20-foot wide water line easement, a distance of 20.00 feet to a point for corner on the west line of said water line easement; THENCE North 00 degrees 15 minutes 02 seconds West, departing the south line of said Atmos Gas Easement and crossing said Atmos Gas Easement and with the west line of said water line easement, a distance of 10.00 feet to a point on the north line of said Atmos Gas Easement; THENCE North 89 degrees 44 minutes 17 seconds East, and along the north line of said Atmos Gas Easement and crossing said water line easement, a distance of 20.00 feet to the POINT OF BEGINNING AND CONTAINING 200 square feet or 0.0046 acres of land, more or less. Ld_Atmos Easement Encroachment Areas — 3 Tracts-34812.doc Page 3 of 10 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1,2,&3 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PART 3: ENCROACHMENT AREA # 3 ATMOS SERVICE LINE CROSSING A 6-INCH WATER LINE WITHIN A 10 FOOT WATER LINE EASEMENT BEING a 100 square foot (0.0023 acre) tract of land situated in the Joseph Martin Survey, Abstract Number 1017 in the City of Fort Worth, Tarrant County, Texas, and being part of a called 67.30 acre tract of land described in Special Warranty Deed to FW 1-35 Logistics 2, LLC, as recorded in Document Number D223081147 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being a part of Lot 3 of IH35W Global Logistics, Lots 2 & 3, Block A addition, an addition to the City of Fort Worth as recorded in Instrument Number D225064815, O.P.R.T.C.T., and being the intersecting area of that 21.64-foot by 10-foot wide water line easement dedicated by said IH35W Global Logistics addition, with a 10- foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T., and being more particularly described by metes and bounds as follows: COMMENCING at a found crow's foot in concrete for the northeast corner of said Lot 3, Block A and the common southeast comer of Lot 1, Block A IH35W Global Logistics addition, an addition to the City of Fort Worth as recorded in Instrument Number D220324983, O.P.R.T.C.T, said point being on the west right-of-way line of IH35W (known as South Freeway); THENCE South 00 degrees 16 minutes 02 seconds East, along said west right-of- way line of IH35W and the east line of said Lot 3, Block A, a distance of 20.00 feet to the northeast corner of said 10-foot wide Atmos Gas Easement recorded in Instrument Number D226006864, O.P.R.T.C.T.; THENCE South 89 degrees 44 minutes 17 seconds West, departing said west right-of-way line, crossing said Lot 3 and along the north line of said Atmos Gas Easement, a distance of 315.30 feet to the POINT OF BEGINNING of the herein described tract, being on the east line of said 21.64-foot by 10-foot wide utility easement dedicated by said Plat recorded in Instrument Number D225064815; THENCE South 00 degrees 16 minutes 02 seconds East, departing the north line of said Atmos Gas Easement and crossing said Atmos easement, and with the Ld_Atmos Easement Encroachment Areas — 3 Tracts-34812.doc Page 4 of 10 EXHIBIT A UTILITY EASEMENT CROSSING ENCROACHMENT AREAS PARTS 1, 2, & 3 LOCATED IN LOT 3, BLOCK A, IH35W GLOBAL LOGISTICS ADDITION SITUATED IN THE JOSEPH MARTIN SURVEY, ABSTRACT NUMBER 1017 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS east line of said 21.64-foot by 10-foot wide utility easement, a distance of 10.00 feet to a point on the south line of said Atmos Gas Easement; THENCE South 89 degrees 44 minutes 17 seconds West, along the south line of said Atmos Gas Easement and crossing said utility easement, a distance of 10.00 feet to a point for corner on the west line of said utility easement; THENCE North 00 degrees 16 minutes 02 seconds West, departing the south line of said Atmos Gas Easement and crossing said Atmos Gas Easement, and with the west line of said utility easement, a distance of 10.00 feet to a point on the north line of said Atmos Gas Easement; THENCE North 89 degrees 44 minutes 17 seconds East, and along the north line of said Atmos Gas Easement and crossing said utility easement, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 100 square feet or 0.0023 acres of land, more or less. Notes: 1) Basis of bearings is the Texas Coordinate System of 1983, North Central Zone 4202. 2) This metes and bounds description was prepared with an easement exhibit of even date. 3) The intent of these metes and bounds descriptions and accompanying exhibit is to describe areas of utility lines crossing over other utilities and utility easements for the purpose of acknowledging those encroachment easements. A DREW J. S AFER ,,..A..N.DREW..J. .SHAFER..t .................. REGISTERED PROFESSIONAL LAND SURVEYOR -''o 0 1 7 TEXAS REGISTRATION NO. 5017 HALFF - TBPELS FIRM No. 10029600 03/25/2026 Ld_Atmos Easement Encroachment Areas — 3 Tracts-34812.doc Page 5 of 10 CROSSING LOCATION 2 WATER LINE EASEMENT r CROSSING LOCATION 3 FINAL PLAT D225064815 10' WATER LINE EASEMENT FINAL PLAT D225064815 I II I II EXISTING 20' WATER ATMOS 10' GAS EASEMENT EASEMENT SEP. INST. D2260006864 FINAL PLAT D225064815 IH35W GLOBAL LOGISTICS LOT 3, BLOCK A INST. NO. D225064815 N o 60' 120' GRAPHIC SCALE - 1"=60' BUILDING 3 ? LEGEND: ATMOS GAS LINE -- — ATMOS GAS EASEMENT CROSSING 3 10' WATER LINE EASEMENT 705 FINAL PLAT D225064815 PROP.GROUND 700 I I 700 .° X. 6" W 0 N 695 695 PROP. ATMOS 690 LINE 690 ■■ MENhaLff 3803 PARKWOOD BLVD, SUITE 800 FRISCO, TX 75034 TEL. (214) 618-4570 IF CROSSING LOCATION 1 20' UTILITY EASEMENT VOL. 9532, PG. 1900 10' WATER LINE EASEMENT I VOL. 9532, PG. 1900 CROSSING 1 & 2 C-1 20' WATER LINE PROPERTY EASEMENT FINAL PLAT 20' UTILITY EASEMENT D225064816 LINE VOL. 9532, P OP OUND PG. 1900 M PROP.A rmos LINE 695 695 EX. COMM. LINE m 690 q 690 EX. (2) 8' 4' I EX. 16" W RCBC EX. 15` WW 685 685 FW 1-35 GLOBAL LOGISTICS CENTRE 2 ASCENDANT COMMERCIAL PROJECT NO. 34812 ISSUED: __MARCH. 2026 DRAWN BY' TJM CHECKED BY SCALE SHEET TITLE: GAS LINE EXHIBIT Page 6 of 10 E A. # 1 {-S-ee Sheet of 10) �.A. # 2 ( See Shee19 of 10 #rE.A. # 3 ( See Sheet 10 of 10) I z m LOT 2, BLOCK A IH35W GLOBAL LOGISTICS INST. NO. D220324983 IH-35W GLOBAL LOGISTICS INST. NO. D225064815 VAQ z n �n LOT 3, BLOCK A qi IH35W GLOBAL LOGISTICS INST. NO. D220324983111 ' 0 300 600 SCALE IN FEET IL 1 LEGEND: W. RENDON CROWLEY RD. �� E.A. ENCROACHMENT AREA C- I = ENCROACHMENT AREA EASEMENT ���VICINITY MAP IH-35W GLOBAL LOGISTICS mom half PHASE2 ,,,,>—wooaw,b,,,, w FORT WORTH, TEXAS Fx' DATE: MARCH, 2026 =AVO.4$12.004 (Zt•6M5)0 TWE FRM Page 7 of 10 KJ IS LINE TABLE NO. BEARS. DIST. L1 S00°16'02"E 10.00' L2 L3 S89'44'17'W 20.00' N00°16'02"W 10.00' L4 I N89`44-17"E 20.00' 20' UTILITY EASEMENT ' INST. NO. D220296430 I LOT 1, BLOCK IH35W GLOBAL LOGISTICS INST. NO. D220324983 E_ ------i._.. _ .0.'WLIC ACCESS EASEMENT t DOC. NO. D224084579 1 ATMOS GAS EASEMENT INST. N0.0226006864 20•pATER LINE EASEMENT INST. N0. D225064815 � LOT 3, BLOCK A IH35W GLOBAL LOGISTICS INST. NO. D225064815 I 45'ACCESS EASEMENT INST. N0. D220034605 D.R.T.C.T. I I I I I L3 V( L4 'xs % I i 1 CK I/ 20' UTILITY EASEMENT VOL. 9532, PG. 1900 D.R.T.C.T. a ® } ® 1 20' UTILITY EASEMENT INST. N0.0220296430 O.P.R.T.C,T, F 0 40 80 SCALE IN FEET L1 D _®_ vcn = m` 2 O 'D =m �D O� - FOUND CROW'S FOOT (C.M.) POINT OF j COMMENCING S00°16'02"E 20.00' POINT OF BEGINNING E.A. #1 -E.A. *1 (200 SO. FT.) 20'WATER LINE EASEMENT INST, NO. D225064815 ENCROACHMENT AREA tit IS THE OVERLAP OF THE ATMOS GAS EASEMENT RECORDED IN INST. NO. D226006864, WITH THE 20-FOOT UTILITY EASEMENT RECORDED IN VOL. 9532, PG. 1900. IMPROVEMENTS SHOWN HEREON IN LOT 3 ARE PROPOSED AND DO NOT EXIST AS OF THE DATE OF THIS EXHIBIT. L- 10'UTILITY EASEMENT \ y Z INST. NO. D22506481S I I` LEGEND: E.A. ENCROACHMENT AREA © ENCROACHMENT AREA EASEMENT € e haLff ENCROACHMENT AREA #1 - EXHIBIT IH-35W GLOBAL LOGISTICS PHASE 2 �w wo ate`, DATE: MARCH, 2026 AVO: 34812.004 FORT WORTH, TEXAS uu� Page 8 of 10 LINE TABLE NO. BEARS. DIST. L1 S00°15'02"E 10.00, L2 L3 S89044'17"W 20.00' N00° 15'02"W 10.00' L4 I N89-44-17"E 20.00' I 20' UTILITY EASEMENT INST.NO.0220296430 I 60'PUBLIC ACCESS EASEMENT DOC.NO.D224084579 ATMOS GAS EASEMENT INST. NO.0226006864 20'MATER LNE EASEMENT INST. N0. D22506481 LOT 1, BLOCK A IH35W GLOBAL LOGISTICS INST. NO. D220324983 — 45' ACCE$S EASEMENT INST. NO.0220034605 0A.T.C.T. 20' UTILITY EASEMENT INST. N0. D220296430 O.P.R.T.C.T. LOT 3, BLOCK A IH35W GLOBAL LOGISTICStk� �a INST. NO. D225064815 STMH I S89°44'17"W 12.03' I L3 L4 0 40 80 SCALE IN FEET (I y �� I Do co C ma o;0 ,I m =m �D oZ5 FOUND CROW'S FOOT (C.M.) I POINT OF COMMENCING S00°16'02"E 20.00' POINT OF BEGINNING E.A. #2 L1TE.A. *2 (200 SO. FT.) — 20' WATER LINE EASEMENT INST, NO. 0225064815 ENCROACHMENT AREA 42 IS THE OVERLAP OF THE ATMOS GAS EASEMENT RECORDED IN INST. NO. D226006864, WITH THE 20-FOOT WATER LINE EASEMENT RECORDED IN INST NO. D225064815. IMPROVEMENTS SHOWN HEREON IN LOT 3 r ARE PROPOSED AND DO NOT EXIST AS OF THE DATE OF THIS EXHIBIT. II I: 20' UTILITY EASEMENT VOL. 9512, PG. 1900 D.R.T.C.T. Ni� III I LEGEND: IwTTEASEMENT o8541swoo226I 5' E.A. ENCROACHMENT AREA `W I 0 ENCROACHMENT AREA EASEMENT _ I min ENCROACHMENT AREA #2 - EXHIBIT IH-35W GLOBAL LOGISTICS ■�■ haLff PHASE 2 FR.%W,' 7$* eiw. ego FORT WORTH, TEXAS F"'$CO, T%'0MBV DATE: MARCH, 2026 AVO: 34812.004 page 9 T , aeia+sro FIRM /F� li LINE TABLE NO. BEARS. DIST. L1 S00®15'43"E 10.00' LL4 S89°44'17"W 10.00' N00°15'43"W 10.00' N89044'17"E 10.00' POINT OF BEGINNING E.A. #3 I I I I I LOT 1, BLOCK A IH35W GLOBAL LOGISTICS INST. NO. D220324983 I I 20' UTILITY EASEMENT I 45' ACCESS EASEMENT INST. NO.0220296430 I INST. NO. 0220034605 O.R.T.C.T. T60'PUSLIC ACCESS EASEMENT o0C. N0. 022A084579 ATMOS GAS EASEMENT r-INST. NO. D226006864 I 20' WATER LINE EASEMENT INST. NO. 0225064815 S89°44'17"W 315.30 L3 -------------- ----- L� tQ� _ 0. FT.) 21.64' X" 10" WATER LINE EASEMENT INST. NO.0225064815 STM I-' l� LOT 3, BLOCK A IH35W GLOBAL LOGISTICS - INST. NO. D225064815 F[�NoVTNLO-,.', Y EASEMENT 0220296A30 a.T.c.T. - ENCROACHMENT AREA #5 IS THE OVERLAP I� OF THE ATMOS GAS EASEMENT RECORDED 20' UTILITY EASEMENT j` \ IN INST. NO. D226006864. WITH THE 21.64' X 10' VOL. 1532. PG. 1900r WATER EASEMENT RECORDED IN INST. NO. / D•R.T,C.7. D225064815. IMPROVEMENTS SHOWN HEREON IN LOT 3 10UTILITYEASEMENTARE PROPOSED AND DO NOT EXIST AS OF INST. NO. D225064815 I ` THE HATE OF THIS EXHIBIT.m mom f haLff ENCROACHMENT AREA #3 - EXHIBIT ullom wDATE: MARCH, 2026 =AVO-. 34812.0 44 FROW. TX 7503& I to s+6asw 11" KJtt 0 40 80 SCALE IN FEET I I r I. 1 FOUND ; CROW'S FOOT (C.M.) POINT OF COMMENCING S00°16'02"E 20.00' j r \ 1 TF 20' WATER Lu;E EASEMENT INST. NO. 0225064815 ANDREW J. SHAFER 6017 . rV...... J S UP% 03/25//2026 srL�t'PN:� /I. {{,�L/l-ylGti- - LEGEND: E.A. ENCROACHMENT AREA 0 ENCROACHMENT AREA EASEMENT IH-35W GLOBAL LOGISTICS PHASE 2 FORT WORTH, TEXAS Page 10 of 10 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 12 of 13 Revised Spectrumo, March 20, 2026 . h a Lff Brian M. Satagaj, PE Associate Vice President Land Development Team Leader Halff 0: 214 217,6463 We improve lives and communcties by turning ideas �nta reality RE: Letter of no objection Location: 20' Utility Easement (Vol 9532, Pg. 1900) Ft Worth, TX After reviewing your request, I have found no conflicts. Spectrum Communications hereby states there are no objections to the proposed construction at the above location. Spectrum Communications retains the right to access any remaining partial or full utility easements on the property for the purpose of future construction or maintenance of existing facilities. Please contact the Texas Excavation Safety System https://texas811.ore/ to have facilities marked & located within affected easements before digging. Sincerely, Charter �,'f`' ► John lanusik I Business Development Specialist 1776 N Greenville Ave I Richardson, TX 75081 Email.: j�h_n lax f.er.s3r Office: 214.319.4904 Mobile: 214.724.5815 *Please send all utility coordination, abandonments, encroachments, plot signatures, or serviceability requests, or notices of relocation to DL-NTX-External Reguests@charter.com Share this information with whoever needs these services. Spectrumoo. _,_, ,•.� — `• = CROSSING LOCATION 2 - 20' WATER ONE EASEMENT T CROSSING LOCATION 7 Fi�IAL PLAT p22508cfit5 10• :PATER LINE EASEMENT t - FINAL PLAT D'?506-tBtS � 'S �a r1 1 •::'T�nl }V 'w N[N ALtr7i 1-G.=.FwbF ,.Q r11 � 1 yQy --" fA'fMl'Ni j[P er'1 US70P�fa]n� y IN35W GLOBAL LOGISTICS LOT 7, BLOCK A N _ ra 1 oscwr+„G acA<t . ,•eo BUILDING S , LEGEND: II _ — ATMOS GAS LINE r w.!r n ur�S fA[F wrn I — — ATMOS 4AS EASEMENT I CROSSING 3 CROSSING 1 & 2 t —TFn I"IF f. SF. Yr r,T I N. PIAt 7©5 R GROUND 700 I 700 a J 695 695 PROP ATMOS 690 LSNs 690 t.w.l MLNY Y�r..L. Af w:xwls PRO RTV LINE INO 1 r- ROP. A C 'J•1':- [.:Fore �-- WO, I LINE 695 695 I_ EX. C IMM LINE 690 1 690 F- Eh. (2, 6i+ RC8CZS.. 685 685 F o FW 1-35 GLOBAL - s ��� haLff LOGISTICS CENTRE 2 L ' ■ . V!!ITI[ IPA�..w000etvo ASCENDANT GAS LINE EXHIBIT u!F me ----- ^� COMMERCIAL page 6 of 10 *Please send oil utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to DL-NTX-Externol-Reauests@gharter.com Share this information with whoever needs these services. AT&T '% I & I Kiutit ipr %%m 1116 1Iits 4Mri 4V Rm. 1412 I-nrt Worth, IN 76102 ;March 24. 2026 Phillip Romero Peinado Construction 15815 Executive Drive, Nuile 5041 Frisco, T\ 75033 Rh: AT&T Letter of No Objection - F-ncroachmenl for a Gas Line IH35W Global Logistics - Lots 2 & 3, Block A - D225064815 Fort Worth, Tarrant Counly, 'Texas Mr. Romero, Southvtiestern Bell Telephone Company, d/b/a AT&T 'Texas, has no objections to the placement of a gas line crossing an existing 20' wide Utility Easement on the property referenced above near 12000 South Ftititi. Burleson, Texas. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right -of -Kay except to permit this encroachment. AT&T shall continue to have unrestricted access to, on and across the emement/right-of-way for installation, repairs, replacement, or upgrades to facilities. There could be otierhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas8l I 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 ha%e any questions or concerns. Sincerely, i� x Ray A. Garcia AT&T - Sr. Specialist OSP Design Engineer I Right -of -Way 817-550-7576 ray.tzarcia(Patta"I ONC�R March 24, 2026 ONCOR Electric Delivery LLC 777 Main St Suite 707 (1033-06) Fort Worth, TX 76102 817-600-1480 DerekVanDevander2@oncor.com Distribution Right -of -Way Customer / Contractor Name: Ascendant Commercial/Brian S atagaj -Hal ff Street Address: 12100 S Freeway City / State / Zip: Burleson, TX 76028 To whom it may concern, Re: IH35W Global Logistics, Lots 2 & 3, Block A, being all of a 67.30 acre tract recorded in Doc. No. D223081147 situated in the William Stone Survey, Abstract No. 1400, and Joseph Martin Survey, Abstract No. 1017, city of Fort Worth, Tarrant County, Texas Oncor Electric Delivery Company, LLC has no objection to a proposed Atmos gas line encroaching into a city of Fort Worth utility easement referenced in Vol. 9532 Pg. 1900, D.R.T.C.T. Oncor has no facilities located within the encroachment area. Sincerely, Derek VanDevander Distribution -Right of Way EXHIBIT C Certificate of insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised .�TMOS energy March 5, 2021 City of Fort Worth Planning & Development CFA Office PN21-00026, PN21.00027, PN-00028 200 Texas Street Fort Worth, TX 76102 Re: Self -Insurance — General Liability To Whom It May Concern: Please be advised that Atmos Energy is insured for general liability in excess of $1,000,000. The first $1,000,000 is administered through a self -insured risk management program. Please contact the undersigned if there are questions concerning this matter. Sincerely, EDxuSigrtadDy:gNMM(��6 NNMM�A OBC7tAD+tOE38471 O Jeannette Almanza Lead Risk Management Analyst (972)855-9774 jeannette.almanza@atmosenergy.com Atmos Energy Corporation P O Box 650205, Dallas, Texas 75265-0205 P 972-855-9774 atmosenergy.com FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Atmos Energy Corporation Subject of the Agreement: Encroachment of Public water lines for private gas lines 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. Effective Date: Date of Director's signing If different from the approval date. Expiration Date: 30 yrs fr date of Director's signing If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. PN26-00035 *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.