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HomeMy WebLinkAboutContract 57320 Date Received: 03/31/2022 Permit Number: PN22-00042 Time Received: 3:49 pm City Secretary No.: 57320 PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT RF,R 11 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 52095 Limited Partnership, a(n) a Texas limited partnership ("Licensee"), acting by and through its duly authorized President and Governing Person. RECITALS WHEREAS, Licensee is the owner of the real property located at 11320 Mosier Valley Road, Fort Worth, Texas 76040 ("Property"), being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns or has an interest in a public utility easement (the "Public Property") adjacent to the Property as shown in the attached Exhibit "B," which is incorporated herein for all purposes, and as recorded in the deed records of Tarrant County by instrument number D202338053; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier II Easement Encroachment Agreement Page 1 of 16 Revised 11/2020 AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a 6"of a building (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 "C." 2. All construction, installation, maintenance, and operation of the Encroachment and the use or occupancy of the Public Property shall comply with and be performed in strict compliance with this Agreement and with the charter, ordinances, codes, and policies of the City. Prior to the construction or installation of the Encroachment, Licensee shall submit all plans and specifications to the Director of the Development Services Department or duly authorized representative. Licensee shall not commence construction or installation of the Encroachment nor make any use of the Public Property until after the execution of this Agreement. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment and the use and occupancy of the Public Property. Licensee has received the approval and consent of certain franchise utility companies and such consents are attached hereto as Exhibit "D." Licensee agrees that it shall secure the approval and consent of all other appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. Tier II Easement Encroachment Agreement Page 2 of 16 Revised 11/2020 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a condition acceptable to the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department or their duly authorized representative. Any such removal of the Encroachment shall be in accordance with then-existing City regulations and policies. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment and restore the Public Property, Licensee hereby gives City permission to remove the Encroachment and any supporting structures from the Public Property, to restore the Public Property, and to assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection or management of the Encroachment and use of Public Property as provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Seven Hundred Dollars ($700.00). 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. Tier II Easement Encroachment Agreement Page 3 of 16 Revised 11/2020 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 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. Tier II Easement Encroachment Agreement Page 4 of 16 Revised 11/2020 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 "C." 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 "E" 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. Tier II Easement Encroachment Agreement Page 5 of 16 Revised 11/2020 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 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 Tier II Easement Encroachment Agreement Page 6 of 16 Revised 11/2020 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 Tarrant 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 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 16 Revised 11/2020 City: Licensee: CITY OF FORT WORTH 52095 Limited Partnership a Texas limited partnership By: Rohde Texan, Inc a Texas co Lion L By DJ Harrell(Mdr29,202218:39 CDT) By / 4/Z D.J. Harrell, Director of the Name: Donald Q. Rohde Development Services Department Title: Pre ident Date: Mar 29,2022 Date: By: 64 Name: Veronica Rohde OR��a Title: Governing Person aoFoF 0000.�jOa Date: 0 �vo , o o=d 0 0 0 0� 0 ATTEST: da4 nEX�►Saap Approved As To Form and Legality yannette,S. Goodall Jan nette S.Gooda It(Mar 30,202209:51 CDT) — Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Ordinance No. 24161-04-2020 Date: Mar 30,2022 Date: Mar 29,2022 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. Janie S. Morales Development Services Date: Mar 29,2022 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY FT. WORTH, TX 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 29th day of March .20 22 . WendL, Digitally signed by Wendy L. Y Beardslee o�PRva�e/ WENDY L BEARDSLEE Date:2022.03.2918:46:17 z Notary Public Beardslee * * STATE OF TEXAS 5 00 �9�1 OF�P M Comm.Notary l Ex 1.3Ju23719-3 28,2025 Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 9 of 16 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of XLt'v on this day personally appeared Donald Q. Rohde, President (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 52095 Limited Partnership, a Texas limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z( day of MGU{j., 20 Z . Notary Public in and for the State orbkS ; '_ AMCRISTINAVASCUEl =xI !,y►4� MYftY NJ#132436MI EVWApd 16,2024 I j OFFICIAL RECORD CITY SECRETARY I FT. WORTH, TX Tier II Easement Encroachment Agreement Page 10 of 16 I Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Veronica Rohde , Governing Person (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 52092 Limited Partnership, a Texas limited partnership (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J-p day of 00t h 20 2Z . .-, ANACRISTWA VASOM2 MY*buy ID#i3Z438024 Notary Public in and for the � ., r•` State of'�V`a 5 Eq*m Ap#15,2= OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 11 of 16 Revised 11/2020 EXHIBIT A Legal Description of the Licensee's Property Lot 1R, in Block 1, of W.R. Loving Addition to the City of Fort Worth, Tarrant County, Texas, according to the map or Plat there of recorded in Cabinet A, Slide 7959, Plat records, Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 12 of 16 Revised 11/2020 PRINTER:S/3/2021 Sib FlLE YAER-SURVEY.STE LAST SAVED:8/3/2DD 10:A3 AM SAVED BY:AAR— FILE:ALTA-SURVEY-210fiL— _ F, ug- 1 1 z� P = N U yn5s o l w rol to =.1 F I — T a � _ 11��� = \ -�➢ I � m .�. alp" i O �E o 179 DD' KNAPP STREET >, — - - F� f NIRTR RIGNT OF VIAY) IF I =a8 4 � a€➢, §_ � a � �� R� � a���A �hie Bann ���Pe '�����,�������,�F��' 2��� 3€�' m€* Azov �" �Rc� , am 25 qq 200 _ no�o mP^Tm ��$ 4� �'�'^z $ � � �m �� �„�z �•x� � u._ 5 a� N ep s oa oa a o as m E 51 D Asa s g$Ns g °� �� - o� m o Ado o o A €s' �= HNC 7 3. 92VISION y ALTAIN5PS LAND TITLE SURVEY S ®m��DATE BY PREPARED 6 d� �//A\WIER&A660CIATE6,INC. �� LOT IR, BLOCK L W.R. LOMNG A®INTION ENGINEERS SURVEYDRS LAND PLANNERS LOCATED N TTf WLLIARI R LOVV14GG SURVEY.ABSTRACT Na 944 72D1 E.t AR RM,SUITE 700E AMTON,TEXAS 7M NEIRo(8lN7-7700 N.d 6 CITY OF FORT WORTH TARRANT COUNTY,TEXAS T—B.d a 7mrlhmd L d S,7,*9 Rage IOD339M EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 13 of 16 Revised 11/2020 civT�.,� Mary Louise Nicholson •� a; I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk 44 'A now on file in the Official Public Records of Tarrant County,Texas. Digitally signed ;N v>: To verify the authenticity of this copy please visit: �" y Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/8ePGjIHZ (' 21 ozz.a00 • . 07:56:26-06:00 ••C(-iL:ry•'• D202338053 � atq TARRANT COUNTY BETSY PRICE 100 E.Weatherford Street TOM SPENCER Tax A..-Collector Fort Worth, Texas 76196-0301 Chief Deputy 817-884-1100 TAX CERTIFICATE FOR ACCOUNT:00005823854 DATE: 11/15/2002 PAGE 1 OF 1 AD NUMBER: 24345-1-1 FEE:$10,00 CERTIFICATE NO: 35566754 PROPERTY DESCRIPTION COLLECTING AGENCY LOVING,W R ADDITION BETSY PRICE BLK 1 LOT 1 PO BOX 961018 FORT WORTH TX 76161-0018 0011320 MOSIER VALLEY RD 1.1769 ACRES REQUESTED BY FULTZ FAMILY PARTNERS, PROPERTY OWNER FULTZ FAMILY PARTNERS, 3301 HOUSE ANDERSON RD EULESS TX 760402001 3301 HOUSE ANDERSON RD EULESS TX 760402001 This is to certify that the ad valorem records of the Tarrant County Tax Assessor-Collector reflect the tax,interest,and other statutory fees that have been assessed and are now due to the taxing entities and for the years set out below for the described property herein. The Tarrant County Tax Assessor-Collector makes no certification as to the amount of tax,penalty,interest, or other fees assessed by or due any taxing entity for the year or years for which the Tarrant County Tax Assessor-Collector did not have the Statutory duty to collect or keep records of such collection. Additional taxes may become due on the described property,which are not reflected herein, if the said described property has or is receiving any special statutory valuations that may trigger tax rollback provisions. This certificate applies to ad valorem taxes only and does not apply to any special assessment levies. YEAR TAX UNIT AMOUNT DUE 2002 CITY OF FORT WORTH 3,536.29 2002 HURST-EULESS-BEDFORD ISO 6,998.59 2002 JPS HEALTH NETWORK 95U.10 2002 TARRANT COUNTY 1,114.03 2002 TARRANT COUNTY COLLEGE 569.81 2002 TARRANT REGIONAL WATER DIST. 81,76 TOTAL $13,250.58 ISSUED TO:FULTZ FAMILY PARTNERS, ACCOUNT NUMBER: 00005823654 TOTAL CERTIFIED TAX: S13,250.58 BY. TARRANT COUNTY TAX OFFICE BY C J✓ // ARRANT COUNTY TAX OFFICE THERE ARE NO,DELINQUENT TAXES ON THIS ACCOUNT TAXES DUE WILL BECOME DELINQUENT ON FEB 1 RFVISFr)lnOn -p civT�.,� Mary Louise Nicholson •� a; I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk 44 'A now on file in the Official Public Records of Tarrant County,Texas. Digitally signed ;N v>: To verify the authenticity of this copy please visit: �" y Mary Louise Nicholson 21 https://tarrant.tx.publicsearch.us/verifycert/8ePGjIHZ (' ozz.a00 • . 07:56:26-06:00 �.. - 0202338053 K I T T Y N O U S E € S U R V E Y , A - 6 7@ MOSIER _ VALLEY ROAD s 'BLOCK K°, �' NornSw .,.» w / -:.®V 't't BLOCK 7 ..a.:;......,. g p /*4' LOT /G T IIA° EL g S Ft a . o Z ° u ..v — 'mT VINE STREET °° 'I x. » I W I LOCATION MAP:' Not to s me W.R.LOVING ADDITION AN AO OR TO THE CITY OF FORT , 7 P ADDITION COUNTY,TEXAS 6ENa A iFAm mrtv • .. IBmRAm 9H a euNc.0 m Lm i I x SITE � o wwN E aexarEua"� -oa eEx z --- SGLE 1' �k.G s•�K4 � vntit ��A� `"L's�;o Laak"§rt xp� EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 14 of 16 Revised 11/2020 EXHIBIT "A" 30' RIGHT—OF—WAY DEDICATION z CAB. SL. 7959 MOSIER VALLEY ROAD 0. P.R.T.C.T. .T.C.T. ASPH (VARIABLE WIDTH RIGHT—OF—WAY) N PVMT cn P SN TRUCK i TESCO EASEMENT CROSSING i (NO WIDTH GIVEN) CONC 5/8" IRF N00 29 53"W I VOL. 1675, PG 1 PVMT 1/2- IRF C J.DO' D.R.T.C.T. FPPLP —— N89'13'15E 261.58' z "�— _p /2" IRS PLACE O Z o: s NAER BEGINNI G METAL FENCE z g N24 53'16"w N89-30'07"E o 22.76' I 0.60' — U v METAL FENCE Ld z 20' BUILDING LINE p VOL. 388-185, PG. 185 P.R.T.C.T. CONIC N = 10' UTILITY EASEMENT Ix CAB. A, SL. 7959 PVMT i P.R.T.C.T. i 3 � GI W p ci o o LOT 1R. BLOCK 1 R; �� F-Go °1' W.R. LOVING ADDITION aC 00111 CAB. A. SL. 7959 n�n p3 3 3 P.R.T.C.T. o c HMD REAL ESTATE. LLC 00 a N INST. No. D211190971 o f a o o o N O.P.R.T.C.T. �R�Y > pZ0 .. H �_v 2 0 o LG�HG 94* 0 U Z 2 � R�Ct Ha EASEMENT AS \ Lod ENCROACHMENT 11320 MOSIER VALLEY ROAD I-) W 84 SQ. FT. 1—STORY ROCK/BRICK ' Y & METAL BUILDING z a 10' BUILDING LINE 10' UTILITY EASEMENT VOL. 388-185, PG. 185 VOL. 388-185, PG. 61 P.R.T.C.T. 0 30 P.R.T.C.T. S270804"w ❑AC x 11 ❑AC ❑AC ❑AC PP 20.30' S89'30'07"W— —� 1/2" IRS g __ 1/2-(CM) IRF —— . OVERHANG "YYIER" 0.60 a S89'13'15"W 261.58' ,;i METAL FEN PP �y * LEGEND * ASPH VINE STREET j� CM CONTROLLING MONUMENT PVMT (VARIABLE WIDTH RIGHT-OF-WAY) c IRF IRON ROD FOUND = IRS IRON ROD SET W/YELLOW CAP "WIER & ASSOC INC" ® ENCROACHMENT AREA • SURVEYOR PREPARING THIS EXHIBIT: EASEMENT ENCROACHMENT s WIER & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 2201 E. LAMAR BLVD., SUITE 200E ARLINGTON, TEXAS 76006 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociates.com DRAWN BY.ALS SHEET N0. 1 OF 2 REV. Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED;ALS EXHIBIT "A" z FIELD NOTES — DESCRIPTION 0. EASEMENT ENCROACHMENT N 1cn I J J BEING A TRACT OF LAND LOCATED IN THE WILLIAM R. LOVING SURVEY, ABSTRACT No. 944, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1R, BLOCK 1, W.R. LOVING ADDITION, J AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE z PLAT RECORDED IN CABINET A, SLIDE 7959, PLAT RECORDS, TARRANT COUNTY, TEXAS S (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS o FOLLOWS: 8 0 BEGINNING AT A POINT, BEING THE NORTHWEST CORNER OF A BUILDING, FROM WHICH A x 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC" BEARS N 24'53'16" W. z I 22.76 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 1R; w z 0 THENCE N 89'30'07" E. ALONG THE NORTH LINE OF SAID BUILDING, 0.60 FEET TO A POINT N IN THE EAST LINE OF A 10' UTILITY EASEMENT AS SHOWN ON SAID PLAT RECORDED IN CABINET A, SLIDE 7959, P.R.T.C.T.; m THENCE S 00'29'53" E, DEPARTING THE NORTH LINE OF SAID BUILDING AND THE ALONG THE EASE LINE OF SAID UTILITY EASEMENT, 140.28 FEET TO A POINT IN THE SOUTH LINE OF SAID BUILDING; THENCE S 89'30'07" W. DEPARTING THE EAST LINE OF SAID UTILITY EASEMENT AND ALONG THE SOUTH LINE OF SAID BUILDING, 0.60 FEET TO A POINT, BEING THE SOUTHWEST CORNER OF SAID BUILDING, FROM WHICH A 1/2" IRON ROD FOUND BEARS S 27-08'04" W, 20.30 FEET, SAID IRON ROD BEING THE SOUTHWEST CORNER OF SAID LOT 1 R; THENCE N 00'29'53" W, ALONG THE WEST LINE OF SAID BUILDING, 140.28 FEET TO THE PLACE OF BEGINNING AND CONTAINING 84 SQUARE FEET OF LAND, MORE OR LESS. H 0 M OF AARON L STRINGFELLOW 6373 SURD NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD 0 OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY ALLTERRA CENTRAL, INC. M (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (3) THIS SURVEY WAS MADE ON THE GROUND ON JUNE 29, 2021 UNDER THE DIRECT SUPERVISION OF AARON L. STRINGFELLOW, R.P.L.S. NO. 6373. • SURVEYOR PREPARING THIS EXHIBIT: EASEMENT ENCROACHMENT s WIER & ASSOCIATES, INC. CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 2201 E. LAMAR OLVD., SUITE 200E ARUNGTON, TEXAS 76006 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociates.com DRAWN BY.ALS SHEET N0. 2 OF 2 REV. Texas Board of Professional Land Surveying Registration No. 10033900 APPROVED;AILS EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 15 of 16 Revised 11/2020 ATOS Atmos Energy ell r 2000 Reliance Parkway Bedford,Texas 76021 Greg Zylka Office:817-685-1257 X1313 FAX: 817-685-1295 Donnie Rohde Tarrant Commercial Real Estate Services LLC 1349 W Hurst Blvd. Hurst, TX 76053 March 4, 2022 Re: Request for Utility Encroachment Location: Property located at 11320 Mosier Valley, Euless, TX 76040 This letter is to confirm that Atmos Energy has no objection to the encroachment on the Utility Easement located at Lot 1R, Block 1, W.R. Loving Addition, Cab. A., SL. 7959, P.R.T.C.T. If you have questions, please contact me. Sincerely, Greg Zylka Project Specialist AT&T AT&T Right-of-Way 13845 FAA Blvd. Fort Worth,TX 76155 March 1,2022 Donnie Rohde 52095 Limited Partnership 1349 W Hurst Blvd Hurst, TX 76053 RE: AT&T Letter of No Objection—Building Encroachment W.R. Loving Addition—Lot 1R,Block 1—D221292674 Fort Worth,Tarrant County,Texas Mr.Rohde, Southwestern Bell Telephone Company,d/b/a AT&T Texas,has no objections to the encroachment of the existing building into the utility easement on the property at 11320 Mosier Valley Rd,Euless,TX 76040. It is not the intent of this letter to waive any rights granted to AT&T in said platted utility easements or right-of-way except to permit this encroachment. AT&T shall continue to have unrestricted access to,on and across the easement/right-of-way for installation,repairs, replacement,or upgrades to facilities. There could be overhead and/or underground facilities within the area. Exercise extreme caution with respect to such facilities. Contact Texas811 for underground locates before any digging is done. Costs of any damages to facilities would be at your expense. Please let me know if you have any questions or concerns. Sincerely, �;— X, a.,� Ray A. Garcia AT&T—Manager OSP Planning&Engineering Design I Right-of-Way 817-550-7576 ray.earcia(a-att.com Spectrum 03/02/2022 Donnie Rohde Tarrant Commercial Real Estates Service LLC 1349 W Hurst Blvd Hurst,TX 760S3 SUBJECT: Encroachment of 11320 Mosier Valley, Fort Worth,TX 76040 Spectrum Communications hereby grants a 6" encroachment of building into a portion of the 10' front General Utility Easement associated with the property located at 11320 Mosier Valley within the City of Fort Worth,Texas 76040. Spectrum Communications reserves the right to have access to any applicable utility easements on the property for the purpose of future construction or maintenance. The owner and/or lessee of said property may also be responsible for the relocation/removal of any structure interfering with access to these easements, if necessary. Spectrum Communications currently has no facilities within this easement. If it has not already taken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any excavations are started. For future reference, please send all utility coordination, abandonments, encroachments, plat signatures, or serviceability requests, or notices of relocation to west-engineering-relo@Spectrum.com. Please share this information with whoever needs these services. Sincerely, 79a-,4& (2e&4 2- Marla Collier Business Development Specialist Spectrum Communications From: Rodgers, Budd To: Donnie Rohde Subject: RE: Encroachment Consent needed for 11320 Mosier Valley,Fort Worth Date: Wednesday,February 16,2022 3:32:03 PM Attachments: Encroachment Exhibit.odf Good afternoon Mr. Rohde. Please allow this email to serve as Oncor's consent to the encroachment of the Public Utility easement as You have described at 11320 Mosier Valley, FW and shown on the attached Exhibit. This encroachment does NOT impact any of our Oncor facilities and will not interfere in Oncor's operations. Thank you for consulting Oncor in this situation. Sincerely, Budd Rodgers BUDD RODGERS, SR/WA Distribution Right of Way Agent, Senior Oncor/Distribution Support 109 Crestwood Lane Springtown, TX 76082 817-443-3434 (0) 432-234-9052 (M) Bud dy.Rodgers CDoncor.com From: Donnie Rohde [mailto:donnie(@tarrantproperties.com] Sent: Wednesday, February 16, 2022 3:01 PM To: Rodgers, Budd <Buddy.Rodgers Poncor.com> Subject: Encroachment Consent needed for 11320 Mosier Valley, Fort Worth Budd- I have recently purchased a property and afterwards found that my building encroaches 6" into the utility easement. You will also notice on the exhibit I have attached, there are other improvements also constructed in the easement which actually extend into the neighboring property. These improvements are old non function air conditioning systems and they will be removed altogether, including the concrete they sit on. The building was permitted, constructed and issued an occupancy permit in 2003...not sure how this wasn't discovered then. Can you send me an email or letter giving me consent for the building encroachment? Donnie Rohde 52095 Limited Partnership 1349 W Hurst Blvd. Hurst,TX 76053 (817) 521-5989 https://www.trec.texas.gov/forms/information-about-brokerage-services PLEASE READ: Texas law requires all real estate licensees to give the above Information About Brokerage Services (TABS)to prospective buyers, tenants, sellers and landlords WARNING:This email message did not originate from Oncor and is from an external organization. DO NOT CLICK links or attachments unless you recognize the sender and are certain the content is safe. Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. EXHIBIT "E" Franchise Consent Letters Tier II Easement Encroachment Agreement Page 16 of 16 Revised 11/2020