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HomeMy WebLinkAbout065999 - General - Contract - Denton County Electric Cooperative, Inc. dba CoServ ElectricDate Received: 10/7/2026 Time Received: 9:14 a.m. Record Number: PN26-00168 City Secretary No.: 65999 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 DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, a Texas electric cooperative corporation ("Licensee"), acting by and through its duly authorized representative. RECITALS WHEREAS, pursuant to that certain Electric Line Easement and Right -of -Way, dated to be effective as of August 13, 2026, and recorded as Instrument No. 202612976 in the Official Public Records of Wise County, Texas, and as Instrument No. D226167589 in the Official Public Records of Tarrant County, Texas (collectively, the "Easement Agreement"), Licensee is the beneficiary of certain easements, rights and privileges with respect to certain property described in the Easement Agreement (the "Easement Property"); and WHEREAS, the City owns a Drainage easement (the "Public Property") dedicated to the City pursuant to that certain Final Plat of Northstar recorded as Instrument No. 202009991 in the Plat Records of Wise County, Texas, and as Instrument No. D220248181 in the Plat Records of Tarrant County, Texas; 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 CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 11 Nonstandard 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 the attached Exhibit "A," which is incorporated herein for all purposes but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining an underground electric 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." FR 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 applicable 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 facilities 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 Tier II Easement Encroachment Agreement Page 2 of 11 Nonstandard 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. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, either remove the Encroachment entirely from the Easement Property 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 or abandon the Encroachment in place by filling it with grout which will prevent the Encroachment from any future use. Any such removal of the Encroachment shall be in accordance with then -existing applicable 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 to the extent the Public Property was damaged by Licensee in connection with its removal of the Encroachment, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property at Licensee's sole cost and expense. 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 ($1,012.50). 7. The term of this Agreement shall continue for as long as the Encroachment is being utilized by Licensee, commencing on the date this Agreement is fully executed by the parties. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement, provided, 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 the 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 Tier II Easement Encroachment Agreement Page 3 of 11 Nonstandard 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 electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO THE ENCROACHMENT. 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 Licensee 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 Tier II Easement Encroachment Agreement Page 4 of 11 Nonstandard 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 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. Tier II Easement Encroachment Agreement Page 5 of 11 Nonstandard 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Easement Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Easement 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. Any cause of action for breach of this Agreement shall be brought in Wise County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. 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 11 Nonstandard EXECUTED to be effective on the date signed by the City's Director of Development Services Department City: CITY OF FORT WORTH Dalton Harrell ( ct 6, 2026 10:07:01 CDT) D. J. Harrell Director, Development Services Department Date: 10/06/2026 400vopp pa FORTn4 ATTEST: °ors o:d �Q pPp*° °mod � S� ncssc %j Ntl TEXA5o4.o II�Lnoaao 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 11 Nonstandard Licensee: DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, a Texas electric cooperative n Name: Greg •d Title: Chief Operating Officer Date: 3O A STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Greg Ward, Chief Operating Officer of DENTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, a Texas electric cooperative corporation, 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 said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3�ay of S�eern�Q/` .2026. 1PpY �,�8�4 COLLEEN AMENT ==°r n_Notary Public, State of Texas S t= Comm. Expires 10-1-2030 ,,,�. Notary ID 6359692 Notary Public in and for the State of % Tier II Easement Encroachment Agreement Page 8 of 11 Nonstandard 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 October .2026. AND SEAL OF OFFICE this 6th day of Notary Public in and for the State of Texas T KATHLEEN BRADFORD Notary Public * * STATE OF TEXAS Notary I.D. 12197197 OF 1" My Comm. Exp, Apr. 12, 2027 Tier II Easement Encroachment Agreement Page 9 of 11 Nonstandard EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 10 of 11 Nonstandard 1 L Yt r — 1•f. r' � �S ` •1''Np'�ilYz� ' t \- r r R i""'+'""' . meeYmnpa wio,+u>. me mlw.�nt Geerarn.m. .-- o o,.e..mr.a Notes: N .. " C NORTHSTAR PKVW 600 AMP EXTENSION • 8 P.-,„te--- I,® .... '"_ ! o.. newer. Li � �� _�+ r- r1 _M • � � Tpls tlaiawaz prepared fvr oPlc�al Ce5ery llze Only CaSery G"nz nel0uaranlz<ne> — d tllnp anV ozp_Iz o! nlz Gala, Cv5ery n>arveG IM1e rIOM1t _n-r.ser �• �4 V,• K'1 r moailical�enzclo1et witeout nvnncanan to vnY user antl maumea ne <c,0,6p MAP OF EXHIBIT "A" \/� / p SEEATTACHEO METES & BOUNDS \ / •Ld l G� a QyGS� `� qd �+ •/ � g DESCRIPTION ON PAGE 1 HEREIN N- 0 Co a) t3) co 0 0 O_ CV O (O O CV Co N Co O (O N- 0) N N O ' CIRF C try �{{ dfq�l �/ El >/ //�5 EX WATER & SEWER �� Q 2 / / aQ% / � EASEMENT TO THE Ot 5{Pg1�2� t. / �j \ 5a0.Q ��1 / CITY OF FT. WORTH d0{� / / .p 'EXHIBIT C - PARCEL 2" \ \ / Q� W.C.C.I. NO. 202009993 CURVE TABLE NO. RADIUS LENGTH ; CH. BEARING CH. LENGTH CI 1327.00' 333.89' N64°15'35"E 333.01' C2 1337.00' 336.42' 864'15'35"W 335.53' LINE TABLE NO. DIRECTION I DIST, L4 S33°01'42"E 10.00' / O.P.R.WC.T. . ` y'2'\''.-COSERV EASEMENT a \ r- LOT 1, BLOCK 21 ' / \ \ 0.2001 ACRES (8,718 SQ. FT.) �' ; - \ NORTHSTAR m \ W.C.C.I. NO. 202012914 \ \ �� \ \ F. �;-AV f .1 O.P.R.W.C.T. \ / f7 � T.C.C.I. NO. D220246181 OWNER \ � �� �?� , M I� of r', 6f p1P" c REMAINDER OF �. REMAINDER CALLED: 283.768 ACRES NORTHSTAR RANCH, LLC { I `�•, 170 NORTHSTAR RANCH DEVELOPER, INC. "TRACT D" "TRACT '. {O0 c,�g III" W. C.C.J. NO. 201814592 W.C.C.I. NO. 2017007984, O.P.R.W.C,T. 30' 60' O.P.R.W.C.T. T.C.C.I. NO. 0217014609 ' T.C.C.I. NO. 0218275295 I O.P.R.T.C.T. / I GRAPHIC SCALE IN FEET O.P.R.T.C.T. �� -1n" IRF NER& yA� 07-25-26 r OF i COSERVEASEMENT&1A'rEs 1 r °*"fo +Nk T. & P. R.R. CO. SURVEY, ABS. NO. 1035, ^ WISE COUNTY, TEXAS -4 ERIC S. SPOONER 5422 9 (817)685844S WWW.SPOONERSURVEYORS.COM , • PROPERTY: NORTHSTAR RANCH, LLC TRACTIR PROPERTYACREAO€REAWNOER OFA CALLE02♦6&7M ACRES TBPLS FIRM NO. 10064900 21012.C - Co8aw ESW - N0RTHSTAR RJICH.di bRAWN BY: R. HENDERSON ICHECNFD Bra BPCONER EXH A' •- NORTHSTAR RANCH, LLC - PG. 3 OF 3 EXHIBIT "A" PUBLIC EASEMENT ENCROACHMENT T. & P. R.R. CO. SURVEY, ABSTRACT NO. 1035 WISE COUNTY, TEXAS BEING a 0.0034 acre tract of land located in the T. & P. R.R. CO. Survey, Abstract Number 1035, Wise County, Texas, said 0.0034 acre tract being a portion of the remainder of a called 283.768 -acre tract of land conveyed to NORTHSTAR RANCH, LLC, by deed recorded in Wise County Clerk's Instrument Number (W.C.C.I. No.) 201700796, Official Public Records, Wise County, Texas (O.P.R.W.C.T.) and in Tarrant County Clerk's Instrument Number (T.C.C.I. No.) D217014609, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0034 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at the west lot corner of Lot 1, Block 21, Northstar, being an addition to Wise County, Texas, according to the plat recorded in W.C.C.I. No. 202012914, O.P.R.W.C.T. and T.C.C.I. No. D220248181, O.P.R.T.C.T., said commencing point being on the southeast right-of-way line of Northstar Parkway (being a variable width public right-of-way); THENCE South 5658'18" West, along the said southeast right-of-way line, 238.83 feet to the intersection of the said right-of-way line with the northeast easement line of an existing Drainage Easement conveyed to the City of Fort Worth (Exhibit C - Parcel 2), by deed recorded in W.C.C.I. No. 202009991, O.P.R.W.C.T.; THENCE South 3259'43" East, along the said northeast easement line, 50.71 feet to the POINT OF BEGINNING of the herein described tract of land, said beginning point being at the intersection of the said northeast easement line with the northwest easement line of a CoSery Easement (filed by separate instrument), said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 7,046,147.71 and E: 2,296,976.54; THENCE South 3259'43" East, continuing along the said northeast easement line, 10.00 feet to the intersection of the said northeast easement line with the southeast easement line of the said CoSery Easement; from said point, a 1/2 -inch iron rod found bears South 62°56'01" East, 378.61 feet; THENCE South 57'03'05" West, along the said southeast easement line, 15.00 feet to the intersection of the said southeast easement line with the southwest easement line of the said drainage easement; THENCE North 3259'43" West, along the said southwest easement line of the drainage easement, 10.00 feet to the intersection of the said southwest easement line with the said northwest easement line of the CoSery easement; THENCE North 57°03'05" East, along the said northwest easement line, 15.00 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 0.0034 acres (150 square feet) of land, more or less. The bearings and distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas North Central Zone 4202, and are based on the North American Datum of 1983, 2011 Adjustment. All areas shown hereon are calculated based on surface measurements. I, Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the tract described herein. i�•� 08-27-26 OF I1 A' G1STE,p� + r9 Q- * N` < ERIC S. SPOONER `� 5922 lip E` -A E oo er, RPLS Spoon & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 EXHIBIT "A" '- NORTHSTAR RANCH, LLC — PAGE 1 of 2 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 21012.C \ / �112" CIRF "RPLS 4818" 44 ��a5 OPT zae-op�roF�P O�pO�rc O fl. / / POINT OF COMMENT `7 7 PGE$Op o / aN F 1:r) -,Q MAP OF EXHIBIT "A" SEE ATTACHED METES & BOUNDS DESCRIPTION ON PAGE 1 HEREIN --EX. WATER & SEWER EASEMENT TO THE CITY OF FT. WORTH "EXHIBIT C - PARCEL 2" W.C.C.I. NO. 202009993 O.P.R.W.C.T. N: 7,046,147.71 j N �PFtQ, p2 / E: 2,296,976.54 / •Q��' (NAD83 - GRID) / �. O• POINT OF \ BEGINNING L2 EXHIBIT"A" ENCROACHMENT AREA 77 0.0034 ACRES (150 SQ. FT.) / \ \ \ Shp / / \ gel, / REMAINDER OF \ \ >-'. / p�r��� CALLED: 283.768 ACRES \ NORTHSTTRAAR RANCH, LLC \ \ / / / / / oSERV W.C.C.l. NO. 201700796 EASEMENT (BY SEPARATE O.P.R.W.C.T. INSTRUMENT) T.C.C.I. NO. D217014609 / • • 0 30' O.P.R.T.C.T. / EX. DRAINAGE EASEMENT 60' TO THE CITY OF FT. WORTH Q THE BEARINGS AND DISTANCES SHOWN HEREON ARE REFERENCED "EXHIBIT B - PARCEL 1" IN TO THE TEXAS COORDINATE SYSTEM OF 1983, TEXAS NORTH GRAPHIC SCALE IN FEET CENTRAL ZONE 4202, AND ARE BASED ON THE NORTH AMERICAN W.C.C.I. NO. 202009991 DATUM OF 1983, 2011 ADJUSTMENT. ALL AREAS SHOWN HEREON O.P.R.W.C.T. 1" = 60' \, ARE CALCULATED BASED ON SURFACE MEASUREMENTS. LINE TABLE NO. DIRECTION DIST. L1 S32°59'43"E 50.71' L2 S32°59'43"E 10.00' L3 L4 S57°03'05'W N32°59'43"W 15.00' 10.00' L5 N57'03'05"E 15.00' LOT 1, BLOCK 21 NORTHSTAR W.C.C.I. NO. 202012914 O.P.R.W.C.T. T.C.C,I. NO. O220248181 O.P.R.T.C.T. OWNER 170 NORTHSTAR RANCH DEVELOPER, INC. "TRACT D" W.C.C.I. NO. 201814592 O.P.R.W.C.T. T.C.C.I. NO. O218275295 O. P.R.T.C.T. 1/2" IRF SPOONER& -A- 08 27.26 r I OF PUBLIC EASEMENT ENCROACHMENT T J I A,r tGf S TER"F 71 T. & P. R.R. CO. SURVEY, ABS. NO. 1035 ASSOCIATESy * REGISiERFD PROFiSIIONALiANOWRVEiOR5 ,� ,, f < ERIC S. SPOONER > WISE COUNTY, TEXAS 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 5922 (817) 685-8448 WWW.SPOONERSURVEYORS.COM , TBPLS FIRM NO. 10054900 PROPERTY: NORTHSTAR RANCH, LLC "TRACT III" PROPERTY ACREAGE: REMAINDER OF A CALLED 263.768 ACRES 21012.C - COSERV ENCROACHMENT - NORTHSTAR RANCH.dW I DRAWN BY: R HENDERSON I CHECKED BY: E. SPOONER I EXH "A" •- NORTHSTAR RANCH, LLC ' PG. 2 OF 2 202009991 0810412020 10:23:52 AM Page 16 of 35 E S 0 100 SCALE I" - 100' LEGEND 01 GIPPEDI.ILSET AN co i*o a c AION. Di FENCE COINER EXHIBIT "C" CITY OF FORT WORTH DRAINAGE FACILITY EASEMENT • IRONRODINft ' X •X'INCONC �` QI�CC�,15'19S c t�aS,9b O9 0.063 acres 2750 sq it NOTES: PARCEL 2 LIZ 556'!56' 18"W 17.50' L13 SS6°5'18"w ; 2.50' L14 N33°01'42"W ,10.00' LIS N56 °58'18'E 250' L16 N33°81'42"W 170.01' LI7 N56°58'l8"E IS.00' L19 S33°OV'42"E 170.00' L19 N56°58'I8"E ° " 2.50' . 1 POINT OF BEGINNING N6s°1�2' w NORTHSTAR RANCH LLC i TRACT 111 INST. NO. D217014609 D.R.T.C.T. INST. NO.2017-7539 D.R.D.C.T. INST. NO. 201700796 O.R,W.C.T. 1. THE BEARINGS FOR THIS SURVEY ARE BASED ON TIIE TEXAS STATE PANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4212), NORTU AMERICAN DATIJDI 1911, AS DERIVED FROM STATIC OBSERVATION WITH NOAAINCS OPUS CALCULATIONS. L A PROPERTY DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS SKETCIL 3. THE MONUMENTS FOUND OR SET FOR THIS SURVEY ARE SUFFICIENT TO RETRACE THE BOUNDARY OFT11E DEPICTED EASEMENT ON THE FLAT OF SURVEY. r I' �a Spa Aa WISECOUNTY-�-_921 I QPrZIQaWWTE LOCATIOJV _ 'r'�'�' COUNTY LIKE L BLOCK)( i TlRRAMCOUNTYR� ASTON i S SURt,EY T,Ap RA.li75 CAB.A,SLMEADOWS P.RT.C.T. 20 POINT OF COMMENCING tE OF T •• HNNY 'LL^M I8 fr Q 1• 34,' fo y0 •SIR'4S ,+, 4-17-2019 WHITFIELD - HULL SURVEYORS AECIs7Eam M+om$IOlIAL LAIID suaYEYOas 3Sfl 1YILLLUIS R0AD.SOITc 117 rr FORT WORTH.TLUS76111 (2171 SNN-2PI1 TIl LS FIRM REG. Na I0IJISI0 JOB NO. 17.123 --�__ I . IJ n' "JICCf IM rm 050814 1 •N• ot:sma • j �� ran 'Elmira' t I t ie iaimb `` I. 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H •� _— L _ - n ! - - 116 NrE KaiY. -7.)5,o— wi Pacheco Koch " ia, _.• . - n d w,� „� 653.x.- lo _ ei�' _ TTT ST -K STORM SEWER PLAN & PROFLE 605 _ y - —f! , , �' }} •' s__ _� C C.'. 600 w -04250400 1+00 2+a0 PROFILE: ST -K2 NORTHSTAR PARKWAY - PUBLIC IMPROVEMENTS CITY OF FORT WORTXr TARRANT COUNTY. TEXAS l'--"' —I 0+50 ST -K3 — 0450 ST -K4 ,.,..�. are roe ea 4A4sr,p. - ,nom I ow,5„ ; j 4Nee- s I 103 PR-4006-1e.027flM4 030 EXHIBIT B Certificate of Insurance Tier II Easement Encroachment Agreement Revised Page 11 of 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS IS TO CERTIFY THAT: Denton County Electric Cooperative, Inc. dba CoSery Electric 7701 S. Stemmons Corinth, TX 76210 FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE NAIC: 11118 P.O. Box 15147, Lenexa, KS 66285-5147 (913) 541-0150 fax (913) 541-9004 www.federatedrural.com IS, AT THE ISSUE DATE OF THIS CERTIFICATE, INSURED BY THE COMPANY UNDER THE POLICY(IES) LISTED BELOW. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY DATES LIMITS ($) GENERAL LIABILITY EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES S2 000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR 9/15/2026 MED EXP (PER PERSON) $7.000 PERSONAL & ADV INJURY $2,000,000 42 ARB 049-26 to 9/15/2027 GENERAL AGGREGATE LIMIT UNLIMITED GEN AGGREGATE LIMIT APPLIES PER: POLICY _ PROJECT _ LOC X NO GENERAL AGGREGATE APPLIES AUTOMOBILE LIABILITY ANY AUTO HIRED & NON -OWNED AUTO GARAGE LIABILITY (ANY AUTO) 42 ARB 049-26 9/15/2026 to 9/15/2027 COMBINED SINGLE LIMIT (EACH ACCIDENT) $2,000,000 UMBRELLA LIABILITY 9/15/2026 EACH OCCURRENCE $35.000.000 PRODUCTS-COMP/OPAGG $35.000.000 OCCURRENCE -BASIS 42 UMB 049-26 to $10,000 SELF-INSD RETENTION 9/15/2027 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EQUIPMENT I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It is agreed that where required by mortgage, lease, or other legal agreement, the interests of mortgagees, lessors, and loss payees are insured as their interests may appear as additional insured's and/or loss payees. Blanket Additional Insured and Waiver of Subrogation are included under General Liability and Automobile Liability insurance if required by written contract or agreement. Policy provisions include a 60 -day cancellation notice. Property coverage is included under the All -Risk Blanket Policy shown above with a limit of $146,776,232 CERTIFICATE HOLDER: CANCELLATION: CITY OF FORT WORTH CONTRACT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES MANAGEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PN2600168 ACCORDANCE WITH THE POLICY PROVISIONS. 100 FORT WORTH TRAIL FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE: r Ktlt Gen v. l/lz IA FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE This endorsement changes the policy. Please read it carefully Blanket Additional Insured & Waiver of Subrogation Endorsement 42 ARB 049-26 Denton County Electric Coop dba CoSery Electric Section II, General Liability Insurance, Item F. Persons Insured and Section IV, Automobile Insurance, Paragraph B.1. Person Insured are amended to include any person or organization for whom the policyholder is performing operations when the policyholder and the person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured or insureds to this policy. Such person or organization is an additional insured only with respect to liability caused, in whole or in part, by the policyholder's acts or omissions, or by the acts or omissions of others acting on the policyholder's behalf, provided: 1. The insurance afforded to such additional insured or insureds only applies to the extent permitted by law; and 2. If such coverage is required by written contract or agreement, the insurance afforded will not be broader than that required by the contract or agreement to be provided to the additional insured or insureds; and 3. If such coverage is required by written contract or agreement, the insurance afforded shall not exceed the limit of insurance required by the contract or agreement, or the applicable Limit of Liability stated in the Declarations, whichever is less. 4. If required by written contract or agreement, Federated waives any rights of recovery against the additional insureds shown above because of payments made under Section II, General Liability and Section IV, Automobile Insurance. Such waiver applies only to the extent that the policyholder has waived its rights of recovery against such person(s) or organization(s) prior to loss. 5. The following amends General Condition G. Other Insurance, and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) It is required by written contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. With respect to the insurance afforded to these additional insureds, no coverage shall apply to personal injury or property damage arising out of or caused directly or indirectly by providing or failing to provide any professional service. This exclusion shall not apply to the rendering of emergency first aid or incidental medical service. A professional service can mean, but is not limited to Personal Injury or Property Damage arising out of the rendering of, or the failure to render, any architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This endorsement shall not, in any event, increase the Limit of Liability stated in the Declarations. All other policy provisions apply. ARB 26 (8-25) © 2024 Federated Rural Electric Insurance Exchange Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: COSERV ELECTRIC Subject of the Agreement: COSERV ELECTRIC Encroachment M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes O No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ 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. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. P N 26-00168 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O 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.