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HomeMy WebLinkAbout065343 - General - Contract - CanTex Joel East, LLCDate Received: 6/11 /2026 Time Received: 3 : 02 p.m. Record Number: PN26-00017 City Secretary No.: 65343 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 CanTex Joel East, LLC, a(n) Texas limited liability company ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, Licensee is the owner of the real property located at 2121 Joel East Road, Fort Worth, Texas 76140 ("Property"), being a tract of land situated in the Block 13, Shelby County School Land Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas and being all of Lot 5R1, Block A, Carter Distribution, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in County Clerk's File No. D222149220, Official Public Records, Tarrant County, Texas. Containing 5.132 acres or 223,541 square feet of land, more or less; and WHEREAS, the City owns a water easement and sanitary sewer easement (the "Public Property") adjacent to the property, dedicated to the City in an easement filed in the Tarrant County Deed Records as Instrument Numbers D217040913 and D207295500 as depicted on the final plat of the property (FS-22-086), which plat is recorded in the plat records of Tarrant County as Instrument Number D222149220.; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD AGREEMENT CITY SECRETARY 1. FT. WORTH, TX 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 Tier II Easement Encroachment Agreement Page 1 of 11 Revised 12/2022 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 electrical 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, including the securing the approval and consent of the appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Tier II Easement Encroachment Agreement Page 2 of 11 Revised 12/2022 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 being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether Tier II Easement Encroachment Agreement Page 3 of I 1 Revised t2/2022 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 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 "B" 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 Tier II Easement Encroachment Agreement Page 4 of 11 Revised 12/2022 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 -parry 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. Tier II Easement Encroachment Agreement Page 5 of I 1 Revised t2/2022 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. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 6 of 11 Revised t2/2022 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 -(Jun 11, 2026 10:01:51 CDT) D. J. Harrell Director, Development Services Department Date: 06/11 /2026 ATTEST: ooFowToao Approved As To Fonn and Legality 8 0!`e gp.10 Pyo a.=P GO*$�extlP V adon nezpsoaa 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. ja,)b�) Kandice Merrick _Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 11 Revised 12/2022 Licensee: CanTex Joel East, LLC a Texas limited liability company By: CanTex Re, LLC A Texas limited liability company Its manager By: Name: Romit Cheema Title: President .;t STATE OF je, S § COUNTY OF 12A I IMS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ALI- a �, on this day personally appeared 'RYtSi A (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 a y!q j ICA 1 I -A " (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this U day of ­.10 ` , 2026. —C/U X&n�— Notary Public in and for the State of _TMAS Tier It Easement Encroachment Agreement CHLOE BEGGINS -Notary Public, State of Texas .:+4 Comm. Expires 03-26-2028 Notary ID 134824403 Page 8 of 11 Revised 12/2022 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 11 th day of June , 2026. 4-/7 U) Notary Public in and for the State of Texas Tier II Easement Encroachment Agreement Audrey Leo Wallach My �Commiselan Explrea N Olary I G 1350 B2585 Page 9 of 11 Revised 12/2022 EXHIBIT A Depiction and Description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Revised 12/2022 ALTAMESA BLVD Q 0 JOEL EAST RD CPN 106335 MAPSCO NO. TAR-105D COUNCIL DISTRICT DEVELOPER: CANTEX CAPITAL as PITTSBURGST Dallas, Texas 75117 GRAPHIC SCALE Y: GEI DATE: �-oj PROJECT LOCATION EXHIBIT A VICINITY MAP 2121 J 0 E L EAST + u ban a egy.us TLL: a y 396.a339 ROAD ADDITION URBAN �z=z Mai 6tree Dallas, Texas Fy�.a6 S T R A T E G Y WW I 30' PUBLIC ACCESS ESMT. INST. NO EXTENDED D217040891 ACCESS ROAD LAND ESMT. O.P.R. T.C. T. r INST NO. D219134435 I I L0T5R2, BLOCKA CARTER DISTRIBUTION j INST. NO. D222149220 O.P.R. T.C. T. — v� I 5' ONCOR ENCROACHMENT EASEMENT 10' ONCOR EASEMENT (BY SEP. INST. #D225172473) 20' PRI VA TE DRAINAGE ESMT. INST. NO. D219111864 O.P.R. T. C. T. I O.P.R. T.C. T. Ni I O PPROX LOCATION F 12"1WW L=f659.02 I I I M I \ I 1 I 4 2-4"c imvulT I (BY CO T,' o CTO I M I g I ; I I I M I I � I I I M I 40' SANITARY SEWER ESMT. I INST. NO. D207195500 I O.P.R. T.C. T. N� A W u Q m 9 i m N I N � CPN: 106335 DEVELOPER: CANTEX CAPITAL -7 PIMBURG 51' Dallas, Texas 75117 ENCROACHMENT AREA IIIIIIIIIIIIIII lllullllnnn Q IIII IIIIIII =— —F f IIIIIIIIIII =_ IIIIIIIIIIIIIII 2:E ME BE EE BE `\ KEY MAP \ (NOT TO SCALE) \ \ \ 10' ONCOR EASEMENT (BY SEP. INST # D225177434) RISER POLE I) (BY ONCOR) ( I I I I u I I I L0T4X, BLOCKA JO CARTER DISTRIBUTION CENTEAc INST. NO. D217059669 Z O.PR r.C. T. a Q. ENC 1 ZOO A PPROX LOCATION 0F1 ,, WTP FL= 69 Om p I �W I 20' WA TER EASEMENT INST. NO. D2170409IJ I I I I I i i EXHIBIT A — ONCOR ELECTRIC ENCROACHMENT PLAN 2121 J 0 E L EAST I ww.urbanstrategy.u, TEL:xa4396.z339 ROAD ADDITION URBAN 4— Matt°Stee° Dallas9, Te%d5 FSzz6 S T R A T E C Y EXHIBIT A BEING a 197 square foot or 0.0045 acre tract of land situated in Block 2 of the Shelby County School Lands Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 4X, Block A, Carter Distribution Center, recorded in Instrument Number D2170599669, Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.) and being more particularly described as follows Encroachment Easement being a 5.00 feet wide strip of land, lying 2.50 feet equally offset, parallel and perpendicular to the following described centerline: COMMENCING at a 1/2-inch iron rod found at an interior ell corner of said Lot 4X, Block A, Carter Distribution Center, Instrument Number D2170599669, O.P.R.T.C.T. and also being the northeast corner of Lot 5112, Block A, Carter Distribution, recorded in Instrument Number D222149220, O.P.R.T.C.T.; THENCE South 00 degrees 37 minutes 22 seconds East, along the common line of said Lot 5112 and said Lot 4X, a distance of 64.79 feet to the POINT OF BEGINNING from which a Mag Nail with a washer stamped 'KHA' found bears South 00 degrees 37 minutes 22 seconds East, a distance of 908.14 feet; THENCE North 89 degrees 28 minutes 54 seconds East, over and across said Lot 4X, a distance of 39.42 feet to the POINT OF TERMINATION and containing 197 square feet or 0.0045 of an acre tract of land more or less. The Basis of Bearing are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization of 2011. This metes and bounds description is accompanied by an exhibit of even date. certify that this survey was made on the ground, that this plat correctly represents the facts found at the time of survey. &��01/27/2026 Tyier J. Attebury Date Registered Professional Land Surveyor Texas Registration No. 7204 Urban Strategy TBPLS Firm No. 10194610 URBAN STRATEGY 4222 Main Street Dallas, Texas 75226 Firm Registration #1019461o, 214.396•2339 www.urbanstrategy.us I CENTERLINE OF ELECTRICAL EASEMENT I ENCROACHMENT AGREEMENT LOT 4X, BLOCK A, CARTER DISTRIBUTION RECORDED IN INST. NO. D217059669, IN THE PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BLOCK 2 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH TARRANT COUNTY TEXAS ISSUE OATS. 011272026 1 PROJECT NO.'. 259051 1 SCALE'. N/A I PAGE 1 OF 2 EXHIBIT I 30' PUBLIC ACCESS ESMT. I INST. NO. EXTENDED D217040891 ACCESS ROAD LAND ESMT. _—,- O.P.R. T.C. T. INST. NO. D219134435 0. P. R. T. C. T. LOT5R2, BLOCKA I \ CARTER DISTRIBUTION I \ INST. NO. =149220 O.P.R. T.C. T. P.O.B.- I I ---------i--------I----I--- I I I 20' PRI VA TE DRAINAGE ESMT. I INST. NO. D219111864 I I O.P.R. T.C. T. I I --------L------ SANITARY V �Q0 Krb1h I SEWER ESMT. QG 9G Q I INST. NO. D207195500 rl�; �y �� I O.P.R. T.C. T. G yGoJ 5 certify that this survey was made on the ground, that this plat correctly represents the facts found at the time of survey. 6�2� 01 /27/2026 Tyier J. Attebury Date Registered Professional Land Surveyor Texas Registration No. 7204 Urban Strategy TBPLS Firm No. 10194610 URBAN STRATEGY 4222 Main Street Dallas, Texas 75226 Firm Registration #1019461o, 214.396•2339 www.urbanstrategy.us I I I I P.O.R. MNF w/ WASHER KHA' (CM) T\ LEGEND IRF IRON ROD FOUND MNF MAG NAIL FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING P.O.T. POINT OF TERMINATION (CM) CONTROLLING MONUMENT INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS ESMT. EASEMENT SF SQUARE FEET P.O.R. POINT OF REFERENCE 1/2- IRF (CM) �U N CENTERLINE ELECTRICAL LINE 0 5' EASEMENT ENCROACHMENT 197 SF./0.0045 ACRES (HATCHED) //-- — IPOT I o 5.0' UN89 2854 "E 39.42' A z o'- U 0 N LOT4X, BLOCKA p m N CARTER DISTRIBUTION CENTER �' W oINST. NO. D217059669 00 O.P.R. T.C. T. � I GENERAL NOTES 1. BASIS OF BEARING IS STATE PLANE COORDINATE SYSTEM, NORTH TEXAS CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT REALIZATION 2011. 2. NOT ALL LOT LINES OUTSIDE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HEREON HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. 3. THIS EXHIBIT IS ACCOMPANIED BY METES AND BOUNDS DESCRIPTION OF EVEN DATE. GRAPHIC SCALE 20' 0 10, 20' I 1 1 inch = 20 feet CENTERLINE OF ELECTRICAL EASEMENT ENCROACHMENT AGREEMENT LOT 4X, BLOCK A, CARTER DISTRIBUTION RECORDED IN INST. NO. D217059669, IN THE PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BLOCK 2 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ISSUE DATE: 011272026 1 PROJECT NO. 259051 1 SCALE: 1 inch = 20 feet 1 PAGE 2 OF 2 EXHIBIT A BEING a 497 square foot or 0.0114 acre tract of land situated in Block 2 of the Shelby County School Lands Survey, Abstract No. 1375, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 5112, Block A, Carter Distribution, recorded in Instrument Number D222149220, Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.) and being more particularly described as follows Encroachment Easement being a 5.00 feet wide strip of land, lying 2.50 feet equally offset parallel and perpendicular to the following described centerline: COMMENCING at a 1/2-inch iron rod found at the northeast corner of said Lot 5112, and also being an interior ell corner of said Lot 4X, Block A, Carter Distribution Center, Instrument Number D2170599669, (O.P.R.T.C.T.); THENCE South 00 degrees 37 minutes 22 seconds East, along the common line of said Lot 5112 and said Lot 4X, a distance of 64.79 feet to the POINT OF BEGINNING from which a Mag Nail with a washer stamped 'KHA' found bears South 00 degrees 37 minutes 22 seconds East, a distance of 908.14 feet; THENCE South 89 degrees 28 minutes 54 seconds West, departing said common line over and across said Lot 5112, to the west line of a 40' Sanitary Sewer Easement, Instrument Number D207195500, (O.P.R.T.C.T.) a distance of 99.48 feet to the POINT OF TERMINATION and containing 497 square feet or 0.0114 of an acre tract of land more or less. The Basis of Bearing are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization of 2011. This metes and bounds description is accompanied by an exhibit of even date. certify that this survey was made on the ground, that this plat correctly represents the facts found at the time of survey. &��01/27/2026 Tyier J. Attebury Date Registered Professional Land Surveyor Texas Registration No. 7204 Urban Strategy TBPLS Firm No. 10194610 URBAN STRATEGY 4222 Main Street Dallas, Texas 75226 Firm Registration #1019461o, 214.396•2339 www.urbanstrategy.us CENTERLINE OF ELECTRICAL EASEMENT ENCROACHMENT AGREEMENT 0.0114 ACRES / 497 SQUARE FEET LOT 5R2, BLOCK A, CARTER DISTRIBUTION RECORDED IN INST. NO. D222149220, IN THE PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BLOCK 2 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 CITY OF FORT WORTH TARRANT COUNTY TEXAS ISSUE OATS. 011272026 1 PROJECT NO. 259051 1 SCALE'. N/A I PAGE 1 OF 2 EXHIBIT A I \ I EXTENDED 30' PUBLIC ACCESS ROAD LAND ESMT. __-- ACCESS ESMT. INST. NO. D279134435 INST. NO. O.P.R. T.C. T. D217040891 I O.P.R. T.C. T. CENTERLINE ELECTRICAL LINE LOT5R2, BLOCKA I CARTER DISTRIBUTION 5' EASEMENT ENCROACHMENT INST. NO. D222149220 I 277 SF./O.0064 ACRES O.P.R.TC.T. I (HATCHED) P.O. T i S89 °28'54"W 55.47' - --------------I-4 ----�- -- i-------� - -I---- 20' PRIVATE I N 50/I DRAINAGE ESMT. INST. NO, D219111864 O.P.R. T.C. T. -------------I---------�--- I — I � N 40' SANI TAR Y SEWER ESMT. I INST. NO. D207195500 GENERAL NOTES 1. BASIS OF BEARING IS STATE PLANE COORDINATE SYSTEM, NORTH TEXAS CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT REALIZATION 2011. 2. NOT ALL LOT LINES OUTSIDE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HEREON HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. 3. THIS EXHIBIT IS ACCOMPANIED BY METES AND BOUNDS DESCRIPTION OF EVEN DATE. /„r\ certify that this survey was made on the ground, that this plat correctly represents the facts found at the time of survey. 01 /27/2026 Tyier J. Attebury Date Registered Professional Land Surveyor Texas Registration No. 7204 Urban Strategy TBPLS Firm No. 10194610 URBAN STRATEGY 4222 Main Street Dallas, Texas 75226 Firm Registration #1019461o, 214.396•2339 www.urbanstrategy.us ;END IRF IRON ROD FOUND MNF MAG NAIL FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING P.O.T. POINT OF TERMINATION (CM) CONTROLLING MONUMENT INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS ESMT. EASEMENT SF SQUARE FEET P.O.R. POINT OF REFERENCE P.O.R- MNF w/ WASHER KHA' (CM) co R N M O P O p1/2" IRF (CM) J \ O CVO \ O�U \ mj� \\ U Q \ m \ W P.O.B. I I I LOT4X, BLOCKA CARTER DISTRIBUTION CENTER INST. NO. D217059669 O.P.R. T.C. T. I 20' WATER EASEMENT INST. NO. D217040913 GRAPHIC SCALE 20' 0 10, 20' 1 inch = 20 feet CENTERLINE OF ELECTRICAL EASEMENT ENCROACHMENT AGREEMENT 0.0114 ACRES 1497 SQUARE FEET LOT 5R2, BLOCK A, CARTER DISTRIBUTION RECORDED IN INST. NO. D222149220, IN THE PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BLOCK 2 SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 1375 ISSUE DATE: 011272026 1 PROJECT NO. 259051 1 SCALE: 1 inch = 20 feet I PAGE 2 OF 2 680 680 E . GRADE @ OF PIPE 675 675 N ' 2-4" CONDUIT 670 (BY CONTRACTOR) 670 APPROX. LOJATION - F -669 TR orn 665 N 665 EX. PROPERTY LINE 660 660 EASEMENT INS T NO. D217040913 ENC 2 APPR X. LOCA pOFTI12"WN - FL=f659.02 655 � 655 EXTENDED A CESS ROAD LAND ESMT. INST. 650 NO. D21 134435 650 O.P.R. T.C. T.� 40 ' SANI TAR Y SEWER ESMT. INST. 10.0207195500 PR TC T 645 ' ' ' ' 645 0+00 1 +00 UGE—A H. 1 "-20' EXHIBIT A - ONCOR ELECTRIC CPN: 106335 v- 1"-5' ENCROACHMENT PROFILE UNDERGROUND DEVELOPER: ELECTRIC - A CANTEX CAPITAL 2121 JOEL EAST —.­396,339 H: 1°=20no'PI SBURG ST ROAD ADDITION URBAN Da;lae,Texa 7n6 V:1°=5' Dauas,Texas 75-1 S T R A T e G Y �D.NRAWBY: GE DATE: 2/24/2026 DWG FILE: EXHIBIT A ONCOR ENCROACHMENT PROFILE US PROJECT #: 251041 \PROJECTS\2025\251041 2121 JOEL EAST RD - INDUSTRIAL\ACAD\EXHIBITS\2025.12.19 ONCOR ENCROACHMENT EXHIBITS EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Page 11 of 11 Revised 12/2022 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CanTex Joel East, LLC Subject of the Agreement: Tier II Easement 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 "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.