HomeMy WebLinkAbout065813 - General - Contract - SCSD-Finnell, LTDDate Received: 9/14/2026
Time Received: 1:16 p.m.
Record Number: PN25-00180
City Secretary No.: 65813
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 SCSD-Finnell, LTD., a Texas
limited partnership ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3300 Alliance
Gateway Freeway, Fort Worth, Texas 76177 ("Property"), being more particularly
described as, Lot 2, Block B, Lone Star Crossing SW Comer Beach 170 Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Deed Records,
by Instrument Number D223100088; 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 (FP -22-176), which plat is recorded in the plat records, of Tarrant County
as Instrument Number D223091930; 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
AGREEMENT CITY SECRETARY
FT. WORTH, TX
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
Tier II Easement Encroachment Agreement Page 1 of 14
Revised
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 two monument signs and electrical conduits (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. Licensee has received the approval and consent of
certain franchise utility companies and such consents are attached hereto as Exhibit "B."
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.
Tier II Easement Encroachment Agreement Page 2 of 14
Revised
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.
S.
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 14
Revised
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 "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
Tier H Easement Encroachment Agreement Page 4 of 14
Revised
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
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 14
Revised
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
Tier II Easement Encroachment Agreement Page 6 of 14
Revised
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
Revised
EXECUTED to be effective on the date signed by the City's Director of
Development Services Department
City:
CITY OF FORT WORTH
Dalton Harrell (Sep 11, 2026 15:22:57 CDT)
D. J. Harrell
Director, Development Services Department
Date: 09/11/2026
anIl
ATTEST: 4FOR, Ile°
A�oF,.. .o,�roapa
d F`8 o9�ld
o=d
Jannette Goodall,
City Secretary
Approved As To Form and Legality
Tayler Canton
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Kandice Merrick
Contract Compliance Manager
Tier 1I Easement Encroachment Agreement
Revised
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 8 of 14
Licensee:
By: SCSD-Finnell, LTD.,
a Texas limited partnership
by: SCSD-Finnell MGMT, LLC,
a Texas limited liability company,
their General Partner
By:
Name: 'Albert
Title: President/Director
Date: 09/a2/a4'z6
STATE OF ! e x ay4 §
COUNTY OF _1I1a•r §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
T e a•t , on this day personally appeared Ca --y 4/',/ —
Pte r i d t (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 L)^ *1 I-..,,? er1'Z� (entity type), and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 'f day of
___________,2026.
Notary Public in and for the
State of Tex q r
Tier II Easement Encroachment Agreement
Revised
L
DAVID ALAN HELGESONII
Notary Public, State of Texas
Comm. Expires 03-14-2027
Notary ID 13193037-5
Page 9of14
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.
11th
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
September, 2026.
Notary Public in and for the State of Texas
Tier H Easement Encroachment Agreement
Revised
Audrey Lee Wallace
MX Commission Expires
`r 811 012428
Notary ID135082586
Page 10 of 14
EXHIBIT A
Depiction and Description of the Encroachment
Tier H Easement Encroachment Agreement Page 11 of 14
Revised
Vicinity Map
NTS
\ \\\
\Rh
\ �^ \\\ \ 1O7 a 'co\7-::
a % \\� m �d �5
\ Service Ramp
\ �_ \ (Not Accessible) �\ p_
'\ \ \
\ \ Light Pole (Typ.)
\ \ \ \ (Ref. MEP Plans)
\ ° moo- \\\\ \
\\ 10
s\\
/ 14.3' �\c�\ (►r
/ > \ \
/
/
/ End Prop. Ret. Wall ....._—
/
f SS 360 h
f J f APPROXIMATE LOCATION OF
- / CALLED 8" SANITARY
S.S. Ease � ` SEWER LINE PER CITY
J PLANS
0.
G7 \\ \\'< x
\O\\
\<)�
CD
LAND DESCRIPTION
BEING a 21 square foot tract of land situated in the Theodore G.A. Willis Survey, Abstract Number 1682,
City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 2, Block 1, Lone Star Crossing,
SW Corner Beach 170 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according
to the Plot thereof recorded in D223091930, Plot Records of Tarrant County, Texas (P.R.T.C.T.), and
being a portion of a tract of land described to SCSD — Finnell, LTD, by the Deed recorded in
Document Number D223100088, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being
more particularly described by metes and bounds as follows:
COMMENCING at an "X" cut found for the most northwesterly corner of said Lot 2, and same being the
most northeasterly corner of a tract of land described to Alliance Lone Star Association, by the Deed
recorded in Document Number D223224140, O.P.R.T.C.T., also being a point on the southerly
right—of—way line of Alliance Gateway Freeway (State Highway No. 170; variable width public
right—of—way);
THENCE North 66 degrees 17 minutes 14 seconds East along the northerly boundary line of said Lot 2,
and along the southerly right—of—way line of said Alliance Gateway Freeway, for a distance of 45.68
feet to the POINT OF BEGINNING being the most northwesterly corner of the herein described tract;
THENCE North 66 degrees 17 minutes 14 seconds East along the northerly boundary line of said Lot 2,
and along the southerly right—of—way line of said Alliance Gateway Freeway, for a distance of 3.00 feet
to the most northeasterly corner of the herein described tract, from which a 5/8 inch rebar found with
a cap stamped "TRAVERSE LS PROP COR" for the most northeasterly corner of said Lot 2, bears North
66 degrees 17 minutes 14 seconds East for a distance of 251.67 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over, across, and
upon said Lot 2, the following courses and distances:
South 23 degrees 42 minutes 46 seconds East for a distance of 7.00 feet to a point for corner;
South 66 degrees 17 minutes 14 seconds West for a distance of 3.00 feet to a point for corner;
North 23 degrees 42 minutes 46 seconds West for a distance of 7.00 feet to the POINT OF
BEGINNING containing (21 square feet) of land, more or less.
EXHIBIT "A"
ENCROACHMENT
AGREEMENT
PORTION OF LOT 2, BLOCK 1
LONE STAR CROSSING, SW CORNER
BEACH 170 ADDITION
THEODORE G.A. WILLIS SURVEY
ABSTRACT NO. 1682
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: JMR
DATE: 2026-01-14 I SCALE: 1" = 10'
10F2
.......................
0 DAVID F. McCULLAH
SURD L
a III Suing I Conslnxdior� Staking
�� 359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
DAVID F. McCULLAH W: TraverseLandSurveying.com
TEXAS RPLS NO. 4023 Texas Firm No. 10194631
Line Data Table
Line #
Distance
Bearing
L1
3.00'
N66'17'14"E
L2
7.00'
S23 42'46E
L3
3.00
S66'17'14W
L4
7.00'
N2342'46 "W
LEGEND
P.R.T.C.T. — PLAT RECORDS OF
TARRANT COUNTY, TEXAS
D.R.T.C.T. - DEED RECORDS OF
TARRANT COUNTY, TEXAS
O.P.R.T.C.T. — OFFICIAL PUBLIC
RECORDS OF TARRANT COUNTY,
TEXAS
0 20
10
i _ Feet
SCALE IN FEET
DOC. NO. - DOCUMENT NUMBER
VOL.. PG. - VOLUME, PAGE -V`
C.M. - CONTROL MONUMENT 1
45 68
POINT OF 6.1___
OMMENCING
"X" CUT
FOUND (C.M.) Pig\\ 1Tq'51 Z
ALLIANCE LONE
STAR ASSOCIATION
DOC. NO.
D223224140
O.P.R.T.C.T. 1�
The Basis of Bearings is from the Texas State Plane
Coordinate System, NAD83, North Central Zone as
derived from GPS observations using the Allterra RTK
Network and adjusted to surface using a surface scale
factor of 1.00012.
EXHIBIT
ENCROACHMENT
AGREEMENT
PORTION OF LOT 2, BLOCK 1
LONE STAR CROSSING, SW CORNER
BEACH 170 ADDITION
THEODORE G.A. WILLIS SURVEY
ABSTRACT NO. 1682
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: JMR
DATE: 2026-01-14 SCALE: 1" = 10'
t.
1
15161. 5/8" REBAR
FOUND WITH
CAP 'TRAVERSE
LS PROP COR"
(C. M.)
ENCROACHMENT
AGREEMENT
21 SQ. FT.
LOT 2, BLOCS 1
LONE STAR CROSSING, SW
CORNER BEACH 170 ADDITION
DOC. NO. D223091930
P.R. T. C. T.
SCSD - FINNELL, LTD.
DOC. NO. D223100088
O.P.R.T.C.T. .-
LOT3,BLOCKI
LONE STAR CROSSING, SW CORNER
BEACH 170ADDITION
DOC. NO.D223091930
P.R.T.C.T.
20F2
'C�o F�E�9
ca: Q� �p'•..N
.......................
DAVID F. McCULLAH
SURD
�1 • ,. Surveys I Consbudion shag I PIaih,g
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
DAVID F. McCULLAH W: TraverseLandSurveying.com
TEXAS RPLS NO. 4023 Texas Firm No. 10194631
0
+
O
O
a.
0
O
O
O)
O)
( 71
O))
O)
V
(71
O
(7i
O
(71
0
0
3
Ice
N_
7
0+00 Property Line
Sign Elevation 671.50
0+00.50 Sign Location
24 Sanitary Sewer Approx 66
00
0+15 Force Main
Exact Elevation Unknown
— — — — — — — —
— — — — — — — —
0entt-00+26
Water Line
16WaterUnaApprox666.00
-iiEIIIIIIIII:o::
Elevatin U
O
V
0
a
C)
C
a
a
CD
m
O)
N
O
(71
0
(A
•
•
m
O
al
3 3
rt CD
r.
t0
P1
X
:5-
O
N r+
i
0
0
ri-
O
C
CD
O \\
LAND DESCRIPTION
BEING a 21 square foot tract of land situated in the Theodore G.A. Willis Survey, Abstract Number 1682,
City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 2, Block 1, Lone Star Crossing,
SW Corner Beach 170 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according
to the Plot thereof recorded in D223091930, Plot Records of Tarrant County, Texas (P.R.T.C.T.), and
being a portion of a tract of land described to SCSD — Finnell, LTD, by the Deed recorded in
Document Number D223100088, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being
more particularly described by metes and bounds as follows:
COMMENCING at an "X" cut found for the most northwesterly corner of said Lot 2, and some being the
most northeasterly corner of a tract of land described to Alliance Lone Star Association, by the Deed
recorded in Document Number D223224140, O.P.R.T.C.T., also being a point on the southerly
right—of—way line of Alliance Gateway Freeway (State Highway No. 170; variable width public
right—of—way);
THENCE North 66 degrees 17 minutes 14 seconds East along the northerly boundary line of said Lot 2,
and along the southerly right—of—way line of said Alliance Gateway Freeway, for a distance of 286.08
feet to the POINT OF BEGINNING being the most northwesterly corner of the herein described tract;
THENCE North 66 degrees 17 minutes 14 seconds East along the northerly boundary line of said Lot 2,
and along the southerly right—of—way line of said Alliance Gateway Freeway, for a distance of 3.00 feet
to the most northeasterly corner of the herein described tract, from which a 5/8 inch rebar found with
a cap stamped "TRAVERSE LS PROP COR" for the most northeasterly corner of said Lot 2, bears North
66 degrees 17 minutes 14 seconds East for a distance of 11.27 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over, across, and
upon said Lot 2, the following courses and distances:
South 23 degrees 42 minutes 46 seconds East for a distance of 7.00 feet to a point for corner;
South 66 degrees 17 minutes 14 seconds West for a distance of 3.00 feet to a point for corner;
North 23 degrees 42 minutes 46 seconds West for a distance of 7.00 feet to the POINT OF
BEGINNING containing (21 square feet) of land, more or less.
EXHIBIT
ENCROACHMENT
AGREEMENT
PORTION OF LOT 2, BLOCK 1
LONE STAR CROSSING, SW CORNER
BEACH 170 ADDITION
THEODORE G.A. WILLIS SURVEY
ABSTRACT NO. 1682
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: JMR
DATE: 2026-01-14 SCALE: 1 " = 10'
1 OF 2
.......................
c DAVID F. McCULLAH LA JV4YI
I A DII
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
DAVID F. McCULLAH W: TraverseLandSurveying.com
TEXAS RPLS NO. 4023 Texas Firm No. 10194631
Line Data Table
Line #
Distance
Bearing
L1
3.00'
N66'17'14E
L2
7.00'
S23.42'46E
L3
3.00'
S66'17'14W
L4
7.00'
N23 42'46"W
LEGEND
P.R.T.C.T. — PLAT RECORDS OF
TARRANT COUNTY, TEXAS
D.R.T.C.T. - DEED RECORDS OF
TARRANT COUNTY, TEXAS
O.P.R.T.C.T. - OFFICIAL PUBLIC
RECORDS OF TARRANT COUNTY,
TEXAS
DOC. NO. - DOCUMENT NUMBER
VOL., PG. - VOLUME, PAGE
C.M. - CONTROL MONUMENT
ENCROACHMENT
AGREEMENT
21 SQ. FT.
0 20
10
e I Feet
SCALE IN FEET
5/8" REBAR
FOUND WITH
CAP "TRAVERSE
LS PROP COR"
(C.M.)
OF 2j O� h�F �LOT 3, BLOCK I
INC 661 LONE STAR CROSSING, SW CORNER /�
tJ BEACH 170 ADDITION
"X" CUT
FOUND (C.M.) pU8\
129
ALLIANCE LONE
STAR ASSOCIATION
DOC. NO.
D223224140
O.P.R.T.C.T.
The Basis of Bearings is from the Texas State Plane
Coordinate System, NAD83, North Central Zone as
derived from GPS observations using the Allterra RT
Network and adjusted to surface using a surface scat
factor of 1.00012.
.D22309193�
P.R.T.C.T.
- PG1.
LOT 2, BLOC% 1
LONE STAR CROSSING, SW
/ CORNER BEACH 170 ADDITION \
DOC. NO. D223091930 \ ,
P.R.T.CT.
SCSD - FINNELL, LTD. /
DOC. NO. D223100088
O.P.R.T.C.T.
K /
EXHIBIT
ENCROACHMENT
AGREEMENT
PORTION OF LOT 2, BLOCK 1
LONE STAR CROSSING, SW CORNER
BEACH 170 ADDITION
THEODORE G.A. WILLIS SURVEY
ABSTRACT NO. 1682
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: JMR
DATE: 2026-01-14 SCALE: 1" = 10'
DAVID F. McCULLAH
•�'°•.4023�•� O
�:�.,Fss•J
SI.JR
:Jj4 ML
DAVID F. McCULLAH
TEXAS RPLS NO. 4023
20F2
Sue4rig I CansbudianStakirPtathrig
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
W: TraverseLandSurveying.com
Texas Firm No. 10194631
O
O
0
O)
0011
O)
O)
V
Ig
IC
3
0+00 Property Line
Sign Elevation 669.00
0+00.50 Sign Location
24' Sanitary Sewer Approx 66
00
0+15 Force Main
Exact Elevation Unknown
0+20 UtAlty Eoeernent
0+26 Water Line
16 Water Line Approx 666.00
Exact Elevation Unknown
O
w
a
Cc
C
a
rn
v)
O)
O)
O)
O1
0
010
O1
(Vi
O
C
3
CD
U)
m
X
0
Q
C)
r+
L
LAND DESCRIPTION
Being two tracts of land that are 92 total square feet situated in the T.T. Willis Survey, Abstract
Number 1682,
City
Fort Worth, Tarrant County, Texas, and being part of Lot 2,
Block 1, Lone Star Crossing, an
addition to the
City
of Forth Worth, according to the plot recorded in Instrument Number D223091930 of the
Official Public
Records of Tarrant County, Texas (O.P.R.T.C.T.), and being part
of a tract of land described to
SCSD—FINNELL,
LTD,
by the Special Warranty Deed with Vendor's Lien recorded
in Instrument Number D223100088, O.P.R.T.C.T.,
and
being more particularly described in two parts by metes and
bounds as follows:
PART 1:
COMMENCING at a 5/8 inch iron rod with cap stamped "TRAVERSE LS PROP COR" set for the north corner of said
Lot 2, Block 1 and the west corner of Lot 3, Block 1 of said Lone Star Crossing, and being on the southerly
right—of—way line of Alliance Gateway Freeway (a variable width right—of—way), from which a 5/8 inch iron rod
with cop stamped "PELOTON" found for the east corner of said Lot 2, Block 1 and the south corner of said Lot
3, Block 1 bears South 23 degrees 42 minutes 46 seconds East, a distance of 330.45 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over and across said Lot 2,
Block 1, the following courses and distances:
South 36 degrees 30 minutes 26 seconds West, a distance of 14.11 feet to the POINT OF BEGINNING;
South 05 degrees 19 minutes 44 seconds East, a distance of 45.96 feet to a point for corner;
South 66 degrees 14 minutes 07 seconds West, a distance of 1.05 feet to a point for corner;
North 05 degrees 19 minutes 44 seconds West, a distance of 45.96 feet to a point for corner;
North 66 degrees 17 minutes 15 seconds East, a distance of 1.05 feet to the POINT OF BEGINNING and
containing 46 square feet of land, more or less.
PART 2:
COMMENCING at an `X" cut set for the west corner of said Lot 2, Block 1 and the north corner of a tract of
land described to Hillwood/Freeway, LTD, described in deed recorded in Volume 9527, Page 1011 of the Deed
Records of Tarrant County, Texas (D.R.D.C.T.), and being on the southerly right—of—way line of Alliance Gateway
Freeway (a variable width right—of—way), from which a 5/8 inch iron rod with cap stomped "TRAVERS LS PROP
COR" set for the north corner of said Lot 2, Block 1 and the west corner of Lot 3, Block 1 of said Lone Star
Crossing bears North 66 degrees 17 minutes 14 seconds West, a distance of 300.35 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over and across said Lot 2,
Block 1, the following courses and distances:
North
66
degrees
17 minutes 15 seconds East, a distance of 1.05 feet to a point for corner;
South
42
degrees
10 minutes 15 seconds East, a distance of 46.19 feet to a point for corner;
South
66
degrees
14 minutes 07 seconds West, a distance of 1.05 feet to a point for corner;
North
42
degrees
10 minutes 15 seconds West, a distance of 46.19 feet to the POINT OF BEGINNING and
containing
46 square feet of land, more or less.
EXHIBIT
CONDUIT LIMITS
PART OF
LOT 2, BLOCK 1,
LONE STAR CROSSING
92 SQ. FT. OF LAND IN TWO PARTS
SITUATED IN THE
T.T. WILLIS SURVEY, ABSTRACT NO. 1682
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: BAS
DATE: 2026-03-30 SCALE: 1 "=30'
C�.OF ]`F
.......................
DAVID F. McCULLAH
.�poF 10�
DAVID F. McCULLAH
TEXAS RPLS NO. 4023
1OF2
2
Surveying I Consiniction S v1g I Platting
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
W: TraverseLandSurveying.com
Texas Firm No. 10194631
VOL VOLUME
PG. PAGE
DOC. NO. DOCUMENT NUMBER
INST. NO. INSTRUMENT NUMBER
CAB. CABINET
D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY,
TEXAS V,
O.P.R.T.C.T. TARRANT
PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS
C.M. CONTROLLING MONUMENT
. FOUND MONUMENT -.Z1P'i-,
o POINT FOR CORNER X11 �, JO
-- PROPERTY LINE0 LINE
CONDUIT LIMITS S36'30'26'hM_
( ' IVPR\P�S� N G¢� 14.11
10.. - PART 1
POINT OF
COMMENCING
PART 2
"X' CUT
SET
/
HILLWOOD/FREEWAY, LTD
VOL 9527, PG. 1011
D.R.T.C.T.
POINT OF
COMMENCING
PART 1
/
/
N Roy �5
SI$ lo�R5�
p LORI
PpiG NNIN
E / CONDUIT BEpX
1A LI M ITS LOT 3, BLOCK I
N661�' 46 SO. FT. \ LONE STAR CROSSING
INST. NO. D223091930
M CRT.C.T.
N74'49'1VE 3 J
47,17' PART 2 CFT NV DEVELOPMENTS,
CONDUIT LLC
/ f LIMITS INST. N0. D223099629
46 SO FT, - - -' N� O.P.R.T.C.T.
2D' PUBLIC UTILITY EASEMENT - - -
12937, PG. 269 DRTCT
POINT OF � - -
BE
2 GINNING ---- --
\ Y
SERVE
Line Data Table
Line #
Distance
Bearing
L1
45.96'
S05'19'44E
L2
1.05'
S66'14'07W
L3
45.96'
N05'19'44W
L4
1.05'
N66'17'15'E
L5
1.05'
N66'17'15E
L6
46.19'
S4210'15E
L7
1.05'
$66'14'07W
L8
46.19'
N42'10'15W
The Basis of Bearings is from the Texas State Plane Coordinate
System, NAD83, North Central Zone as derived from GPS
observations using the Allterra RTK Network and adjusted to
surface using a surface scale factor of 1.00012.
EXHIBIT
CONDUIT LIMITS
PART OF
LOT 2, BLOCK 1,
LONE STAR CROSSING
92 SQ. FT. OF LAND IN TWO PARTS
SITUATED IN THE
T.T. WILLIS SURVEY, ABSTRACT NO. 1682
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: BAS
DATE: 2026-03-30 SCALE: 1 "=30'
ABSTRAcl
LOT 2, BLOCS 1
LONE STAR CROSSING
INST. NO. D223091930
O.P.R.T.C.T.
SCSD—FINNELL• LTD
INST. NO. D223100088
0.P.R.T.C.T.
DAVID F.McCULLI
4023
�� 'SORJR
LJ$uit M/.SL
DAVID F. McCULLAH
TEXAS RPLS NO. 4023
�ROa o� Nl
51$ lP �Ml
v�IFoNo�.
GRAPHIC SCALE
0 15 30 60
1"=30'
2OF2
T RS
Sury eying I Consliudion SI Pb"
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
W: TraverseLandSurveying.00m
Texas Firm No. 10194631
sn
gb Vf•o'
ssr;p §9�i$1,
.• r
a
Ill
n;Is Iesi@es8ic Ogln 1, i flUl
o g a
n lQ l 11
T W
11`111
•x1
t A D
p m . f
D O
o o U- El
• � z
• V m 6'-4F,
. A 3'-9"
O�
T m
.O• LA r
`• G = O C z
TI Cp
•
O FO -r 7
' .- In h
••tD fD Q
OD
N G y A
•
N•
J
• `
• O 7
N 01 r+
-••—••
V � O
• n O
lf1 pu C
rn a a
• cD
N
N Q irnrL TII
• � V •1 Va
X —
Q1
,1
k �e '�o� 3g az• re��
e
€fig 8a €gg
s _ s 3F .Est
� pSQa
� �3s
LAND DESCRIPTION
Being two tracts of land that are 92 total square feet situated
in the T.T. Willis Survey, Abstract
Number 1682,
City
Fort Worth, Tarrant County, Texas, and being port of Lot 2.
Block 1, Lone Star Crossing, an
addition to the
City
of Forth Worth, according to the plat recorded in Instrument Number 0223091930 of the
Official Public
Records of Tarrant County, Texas (O.P.R.T.C.T.), and being part
of a tract of land described to
SCSD—FINNELL,
LTD,
by the Special Warranty Deed with Vendor's Lien recorded
in Instrument Number D223100088, O.P.R.T.C.T.,
and
being more particularly described in two ports by metes and
bounds as follows:
PART 1:
COMMENCING at a 5/8 inch iron rod with cap stomped "TRAVERSE LS PROP COR" set for the north corner of said
Lot 2, Block 1 and the west corner of Lot 3, Block 1 of said Lone Star Crossing, and being on the southerly
right—of—way line of Alliance Gateway Freeway (a variable width right—of—way), from which a 5/8 inch iron rod
with cap stamped "PELOTON" found for the east corner of said Lot 2, Block 1 and the south corner of said Lot
3, Block 1 bears South 23 degrees 42 minutes 46 seconds East, a distance of 330.45 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over and across said Lot 2,
Block 1, the following courses and distances:
South 36 degrees 30 minutes 26 seconds West, a distance of 14.11 feet to the POINT OF BEGINNING;
South 05 degrees 19 minutes 44 seconds East, a distance of 45.96 feet to a point for corner;
South 66 degrees 14 minutes 07 seconds West, a distance of 1.05 feet to a point for corner;
North 05 degrees 19 minutes 44 seconds West, a distance of 45.96 feet to a point for corner;
North 66 degrees 17 minutes 15 seconds East, a distance of 1.05 feet to the POINT OF BEGINNING and
containing 46 square feet of land, more or less.
PART 2:
COMMENCING at an X" cut set for the west corner of said Lot 2, Block 1 and the north corner of a tract of
land described to Hillwood/Freeway, LTD, described in deed recorded in Volume 9527, Page 1011 of the Deed
Records of Tarrant County, Texas (D.R.D.C.T.), and being on the southerly right—of—way line of Alliance Gateway
Freeway (a variable width right—of—way), from which a 5/8 inch iron rod with cap stamped "TRAVERS LS PROP
COR" set for the north corner of said Lot 2, Block 1 and the west corner of Lot 3, Block 1 of said Lone Star
Crossing bears North 66 degrees 17 minutes 14 seconds West, a distance of 300.35 feet;
THENCE departing the southerly right—of—way line of said Alliance Gateway Freeway, over and across said Lot 2,
Block 1, the following courses and distances:
North 66 degrees 17 minutes 15 seconds East, a distance of 1.05 feet to a point for corner;
South 42 degrees 10 minutes 15 seconds East, a distance of 46.19 feet to a point for corner;
South 66 degrees 14 minutes 07 seconds West, a distance of 1.05 feet to a point for corner;
North 42 degrees 10 minutes 15 seconds West, a distance of 46.19 feet to the POINT OF BEGINNING and
containing 46 square feet of land, more or less.
EXHIBIT "A"
CONDUIT LIMITS
PART OF
LOT 2, BLOCK 1,
LONE STAR CROSSING
92 SQ. FT. OF LAND IN TWO PARTS
SITUATED IN THE
T.T. WILLIS SURVEY, ABSTRACT NO. 1682
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: BAS
DATE: 2026-03-30 SCALE: 1 "=30'
Q c4
DAVID F. McCULLAH
TEXAS RPLS NO. 4023
1OF2
2
is
LA
Suig I Cansbudion S I
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
W: TraverseLandSurveying.com
Texas Firm No. 10194631
VOL VOLUME
PG. PAGE
DOG. NO. DOCUMENT NUMBER
INST. NO. INSTRUMENT NUMBER
CAB. CABINET
D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY.
TEXAS
O.P.R.T.C.T. omct*L. PUBLIC RECORDS OF
TARRANT COUNTY. TEXAS
C.M. CONTROLLING MONUMENT
• FOUND MONUMENT
O POINT FOR CORNER
'(��
RgOOfj�1�
PROPERTY LINE\OWN
coNDur UMITS ( S36'30'4.11
Ar
30p 3y� PART 1
CONDUIT
POINT OF I
LIMITS
46 SQ. FT.
COMMENCING
N7449'16E ':3
PART 2
4717 ,.5 PARTCON2
7CL;7
/
UIT
LIMITS
46 SO. FT.
POINT OF
/ \ BEGINNING
HILLWOOD/FREEWAY, LTD PART 2
VOL. 9527, PG. 1011 \
D.R.T.C.T.
Line Data Table
Line #
Distance
Bearing
L1
45.96'
S05'19'44E
L2
1.05'
$66'14'07W
L3
45.96'
N05'19'44"W
L4
1.05'
N6617'15"E
L5
1.05'
N6617'15E
L6
46.19'
S42'10'15"E
L7
1.05'
S6614'07W
L8
46.19'
N42'10'15"W
The Basis of Bearings is from the Texas State Plane Coordinate
System, NAD83, North Central Zone as derived from GPS
observations using the Allter a RTK Network and adjusted to
surface using a surface scale factor of 1.00012.
4i -IN
CONDUIT LIMITS
PART OF
LOT 2, BLOCK 1,
LONE STAR CROSSING
92 SQ. FT. OF LAND IN TWO PARTS
SITUATED IN THE
T.T. WILLIS SURVEY, ABSTRACT NO. 1682
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
JOB No. TR-236-23 DRAWN BY: BAS
DATE: 2026-03-30 SCALE: 1 "=30'
POINT OF
COMMENCING
PART I
.(.-r " WILLIS
ABSTRACT
LOT2,BLOCK1
LONE STAR CROSSING
INST. NO. D223091930
O.P.R.T.C.T.
SCSD-FINNELL, LTD
INST. NO. D223100088
O.P.R.T.C.T.
OF
...................
DAVID
F. McCULLAH
DAVID F. McCULLAH
TEXAS RPLS NO. 4023
/
LOT 3,BLOCKI
LONE STAR CROSSING
INST. NO. D223091930
\ GILT.C.T.
CFT NV DEVELOPMENTS,
LLC
INST. NO. 0223099629
O.P.R.T.C.T.
w a
o �
No. 1682
GRAPHIC SCALE
0 15 30 60
1"=30'
2OF2
a
Th.A i5
LAMD
Su 9 I Consfrudion Sbalvig I Plying
359 Lake Park Road Lewisville, TX 75057
T: 469.784.9321
W: TraverseLandSurveying.com
Texas Firm No. 10194631
EXHIBIT B
Franchise Utility Consent Letters
Tier II Easement Encroachment Agreement Page 12 of 14
Revised
energy
August 20th, 2026
Albert Enterprises
Attn: Collin Albert
14114 Dallas Pkwy, Suite 670
Re: 3300 Alliance Gateway Pkwy., Fort Worth, Tx 76177 — Public Utility Easement Encroachment
Dear Mr. Albert:
It is Atmos Energy Corporation's ("Atmos Energy") understanding that Albert Enterprises is proposing to
construct a 2 monument signs on an existing public utility easement per the attached exhibit titled
"ALBERT RETAIL— LONE STAR CROSSING".
Atmos Energy has no objection to the construction of the proposed monument signs, provided that the
following additional criteria are followed:
It is the excavators responsibility to be familiar with 811 One Call laws and have a valid locate
number prior to excavation.
Atmos Energy's facilities must be exposed and field verified prior to starting any construction
activity. In the event that Atmos Energy's facilities were inaccurately represented in the proposed
design, construction will not be allowed to continue until the field -verified location(s) of Atmos
Energy facilities have been incorporated into the project design and resubmitted to Atmos Energy
for re -review and approval
Sincerely,
Saul Balcazar
Engineering Manager
Atmos Energy Corporation
5430 LBJ Fwy Ste 1700
Dallas, TX 75240
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 14
Revised
FORT WORTH®
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: SCSD-Finnell, LTD
Subject of the Agreement:
Tier II Easement Encroachment
M&C Approved by the Council? * Yes ❑ No II
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 back page 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
*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 0
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.