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HomeMy WebLinkAboutContract 57913 Date Received: 07/28/2022 Record Number: PN22-00069 Time Received: 4:27 pm City Secretary No.: 57913 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 James W. Watson and Karen P. Watson, property owners ("Licensee"). RECITALS WHEREAS, Licensee is the owner of the real property located at 3620 & 3628 Bellaire Dr. North, Fort Worth, Texas 76109 ("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 plat records of Tarrant County in records of Volume 204-2,page 77; 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: 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 S' fence (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment OFFICIAL RECORD Tier II Easement Encroachment Agreement PN22-00069 CITY SECRETARY FT. WORTH, TX 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. 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 Tier II Easement Encroachment Agreement Page 2 of 14 PN22-00069 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. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II Easement Encroachment Agreement Page 3 of 14 PN22-00069 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 "C." The amounts of such insurance shall be not less than $300,000.00 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. Tier II Easement Encroachment Agreement Page 4 of 14 PN22-00069 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 14 PN22-00069 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 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 6 of 14 PN22-00069 City: Licensee: CITY OF FORT WORTH Paia By: 2022 17 00 CDT) B D.J. Harrell, Director of the on Development Services Department Title: Owner Date: Jul 27, 2022 Date: l ^ 2 L—ZZ By: Name: Karen P. Watson Title: Owner a a FORT � �'V F oo000000 �0 Date: �- 2-Z.—ZZ 0o 0. vo 0 O 0.0 4(J"% 0000 0000000 ICY ATTEST: �SEX Asap Approved As To Form and Legality :79`I`dG c1. 6XW911 Jannette S.Goodall(Jul 28,2022 11:24 CDT) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Jul 28, 2022 Date: Jul 27, 2022 Contract Compliance Manager: By signing I acluiowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. wue-Scar e'-flwllraek Janie Scarlett Morales(Jul 27,202216:56 CDT) Janie S. Morales Development Services Date: Jul 27, 2022 OFFICIAL RECORD CITY SECRETARY Tier I1 Easement Encroachment Agreement FT. WORTH, TX PN22-00069 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July , 20 22 . Wendy L. Digitally signed by Wendy YPV WENDY L BEARDSLEE z Notary Public Beardslee L.Beardslee Date: ,► ,► STATE OF TEXAS 2022.07.27 17:30:11 -05'00' Notary I.D. 13323719-3 OF My Comm. Exp. July 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 Tier II Easement Encroachment Agreement FT. WORTH, TX PN22-00069 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 James W. Watson, Property Owner (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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this AA' day of 20 2� ��ll►' ......... DANA BRADSHAW My Notary ID#7758642 Notary Public in and for the Expires October 22,2024 State of OFFICIAL RECORD CITY SECRETARY Tier II Easement Encroachment Agreement FT. WORTH, TX PN22-00069 STATE OF TEXAS § COUNTY OF TARRANT § /- BEFORE ME, the undersigned authority, a Notary Public in and for the State of ✓�-e'`���'� on this day personally appeared Karen P. Watson, Property Owner (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, and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE this p)p day of , 20 2?! I, j� r1G DANABRADSHAW Notary Pub ,urand for the I'« � My Notary ID#7758642 "'yF• •tE+" Expires October 22,2024 State of '� OFFICIAL RECORD CITY SECRETARY Tier 11 Easement Encroachment Agreement FT. WORTH, TX PN 22-00069 v EXHIBIT A Description of the Licensee's Property Lot 24, and the West 1/2 of Lot 23, Block 20, of Bellaire Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 204, page 77, Deed Records of Tarrant County, Texas. Lot 22, and East 1/2 of Lot 23, Block 20, Bellaire, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 204, page 77, plat records of Tarrant County, Texas. Tier II Easement Encroachment Agreement Page 11 of 14 PN22-00069 �r � Q b 1-4 A 9i . _ ]-0`PVgItG�ThpYfA(Eryj[NT _--_--.- s 1 LLJ G i= L B $ P� Z t Q n _ W L z Lu s U ao 3 N A Y $ ¢ DU U Tu 5 N U(!)U >� 2 Cf CC LL e� q 0 Z =o LU r z Lu of � gg �pO �5' $ Z 4 p L W 41�{ IP B111l1l LIfJE UJ a� -- ------- -- ---- U- U �j LU r :Nil w a�- W ti 6 �w L W y — — — WEST vs.00 — — Lu T 4 - Y U Q o a N W I BELLAIRE DRIVE NORTH �a R - 1 ° ii ZO _�4 �a xga5°~ °dfl°' » aw i4 w Ir iyzu� € o�°m ° Uq °m 8 qyo'y « o�y �mo r❑❑5�2� M ¢o �aimn EXHIBIT B Depiction of the Public Property Tier II Easement Encroachment Agreement Page 12 of 14 PN22-00069 C -t �N 'n do�pp uUm' crow~ ®W i Oq pRes P! A4 R•' � l(1 p, '7�v1 yy mmmm 61a+Y.IIaUmpyWpa.A'fl�i Oc.m KV m'cm Lm'45 I0 'OU yF).s .d Kul"C CD m�mc s• .o-.�', oc•. cr d� gim o� 'aom_ N Wf�- 'm � ' '�al.+m�pv`�. m--pp.�o ��, LUmm m.o'a wcr�' ma dm�c]ao �='•. h, i� �' ,�` � � - Ow •},lGU O7'FC.��.�-i F'� `G�.}..(m'E ay„� �Gtl AGTJ .- gip' � j� � fly G .:ni nc.r� Snd WY3- lQ�caT d ' t'�,mp c�.v.a__ a�`-"�� hlJStljAlw{1 kvIlS16H3 Sv%11' y -� NO.L�NISN33i �'� - m - ''mtitly5f.. -ttl Way savi�eLmm o'er`•C .. - •' - i4 G m }••+�m o OA�a �.-lyfG� I+��b L.(•4'LI�A O- � y � * e' L - '.rLiY m'mGRW ON Nxi�70. V \ ' • • • p _ - ,-•mom.%9µmlr • y T.CI.wY:�i.-� A w��N N N f� 9 � e a a' ! e � 1 O TBr+tler 72 IN Vim.�"�°�n=aa��.: .�� = � I � »• .cGs•+w-%s,QA G4 mn-.N - 6'' 'T'Y- e s \ - e - '[+.. - �nq:ip ]took _ 3©lip a Bat! •N..r' � tin� UYUtl ~ LA]YlM' ?� ` l CER 11IFF—D Y G LOU -NI , CieaiG - EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 13 of 14 PN22-00069 ' I 1-4 ❑ ❑ Q I wulb� 1 Lj:14� kh`e l O d Lt 1 00 o <LD s z C LLJ tj e& Z _ y n� LLl 5 ap �� LU of 9 C O U _ Cl) cd ' Q Q � v � C / CD _ I ^ate "aaeF l I N n on H, L± 3628 Bellaire - Being Lot 24 and the West X of Lot 23, Block 20, of BELLAIRE ' TwosADDITION, or ing Addition to the rCityecorded of Fort Worth, Tarrant County, i\I�TT'Y� Texas,Records to Plat recorded 1n Volume 204, Page 77, • Deed Records of Tarrant County, Texas. LEGEND Q 1/z'Rao FOUND ®1/2'ROD SET Q I'PIPE FOUND X.FOUND/SET LOT LOT LOT ®5/D"ROD FOUND 1 0 1/s" lAr, +bad NAIL FOUND DNLINC 0,30'"1 1 1 12 -9 FENCE POST L0 _ FOR CORNER COMMLL SO CM MONUMENT 2;7 �; -: ~L 1UTY AIR "E ` O.a•ch ONE �J cN ESMT. '�CONOmONER STORY OFF STORY OX— Poet FRAME FRAME ON OF: PE.TE EQUIPMENT GARAGE c4 GARAGE ,„c PAD ■ COLUMN �0.7, 18.3' `, 27.0' • POWER POLE - UNDERGRouND Q OVERHEAD ELECTWC �? wEaR�RAa"EeecFRlc - a.r L POWER ry d' _ REi WAL '. WALL 1 F- -06— N aVElrrtEw ELEG;iIIG SERVICE e k' LOT aHAIN LSNK O - ' 23 WOOD"cE as' `ten WIDE TTPICAL LOT n _-- LOT D.z` IRON FENCE 25 .^ m 24 —x— tJ O 20.0 f BARRED w1RP �rt LO DOUBLE SIDED WOOD FENCE ONE STORY Q O; BRICK & C4 '- O EDGE OF ASPHALT n._Q'' FRAME EDGE OF GRAVEL to .wN z 1.1' 10.2' 0 4.a- 4 N COVERED AREA M F �Z' 1 - � 40' CII DON~, L O.5' `�OF+ CM FOUND O 1/3" IF,re O SE CORNER C'dLINE O O.td''' ON, OF LOT 19 cm 99.80' 50.00, 2S:00' CM WEST. �!!}}'' Qp 24.s0 (ASSUMED BASIE Crh E "IINGS) ALTOnI Raab WATER, a MEIER jl• BE"RE DRIVE N. CEPTIONS: ES: NOTE: BEARINGS, EASEMENTS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. NOTE:PRaPERTY SUOJCCT TO TERMS FLOOD NOTE-According to the P.I.R.M. No. 4a439CO305K.this properly does Ile In ,CONDITIONS, AND EASEMENTS Zone X and does not Ile within the 100 ear flood x CONTAINED IN INSTRUMENTS RECORDED IN This.unsay N mode In eon]...ir.a nrth the Into—Va. prevld.d by R.dhkln TIN..Vw.Tsa VVOL.504. PG. 611, VOL 1056, PO.417 thls urvq by any other Portroa and/or for other purposes shall he at u a ,fek d any . rot. V from other use ahalf r,al be the ra.p.n.1hTINy.f the urWarelgnetl.Th.1. to arMty that I have on this date made a careful and accurate su"y on the ground of NOTE;HOUSE PROTRUDES OVER the a.bj..t property.The plat h.raon Is a to ci and accu to rePrea.ntaHan .f the THE 40' 9UILDING LINE. Prowly II...and Glm.n.lem are as lndloohd;IocaDon and typo of burlding.am os shown;and EXCEPT As 5NOWN.!hare are no vlslblt and apparent enanwdhmente or protruelen.an the ground. Drawn By: MARIA \l OF P SGale: 1" = 20' r or... .�isrF.R F�d.9• �.Date: 09 08/17 I.T.TrIwPSCN:TOif 56,Ya6 Aa�d,SN.�o .......... •E . Accepted by: GF No.: D—. P-wss l7 '_o Bd �w'4• Date; Rurchaser 17-3817 P"4sa9vaAs f%f� A•a4.9AR=tea ...'`1 11'rm Nn)OrGRAGP Q,S T N Purchaser Job No. 1720352 NO 48a4 Di _ » j } E\ \ 2 , ml\ m % ° } , \ ( ` � %; _ CDca. - � _ \ rD ¥ . § . — g 2 \ / ` f N \ �. 3Lo @ I m 2 C70 � > ) 2 Z � � �■ �/� $ / ■ . _ -_% � _ , � � \ wry f � ym — / �: . • �2 ` �' ' ~� / � 0 / .� & � '- & / ■ lw b40 rrz a Jf r i I' Y t •-. 4R ti �? . v. { j �� ._ •,mow� ;r'3�-- �� f l�;- lot �!SQ AA t ; i .�, �• >F' �% 1` of r :� gU," �Y/ Ail F• Y_ wT' 1 y �hCCs!!'� '"l' •y'{" _i A�i�..r "A y. J. -. '� . 4l Pr � �'� 1 •�`, T 1�• ��Y T� a. � - "� ¢ ��� l' / �'' •� 4 '� ,``, Ala tr I IV � .r [ of— .419 1 �1 w �= �+ /1 y -Mo.— Imo`,{. 1 • � i - AW r ^- 40 . •� ; ` � 1 rt. j} �` r r t• � _ f � � •Pj AT&T AT&T Right-af--Way 13845 FAA Blvd. Fort Worth,TX 76155 April 26,2022 Michael Webb MBL,Inc. 4623 Chapin Road Fort Worth,TX 76126 FtlEie AT&T Letter of No Objection-Fence Construction—3620 Bellaire Drive N Bellaire Addition—Lot 22,and East y, of Lot 23,Block 20—D214043632 Fort Worth,'Tarrant County,Texas Mr.Webb, Southwestern Bell Telephone Company,"a AT&T Texas,has no objections to the construction of the fence on the property referenced above at 3620 Bellaire Drive N. 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 he 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, ` ' ' Ray A.Garcia AT&T—Manager OSP Planning&Engineering Design I Right-of-Way 817-550-7576 rav_.garcia of att.corn ATMOS energy April 27, 2022 Michael Webb 3620 Bellaire Drive N Fort Worth,Texas 76109 Re: Fence Encroachment— 3620 Bellaire Drive N, Fort Worth, Texas, Tarrant County in the Bellaire Addition, Block 20, Lot 22 & E %2 23,Adam Vogt Survey, Abstract 1585 Mr.Webb: Please be advised Atmos Energy does not oppose to your new fence at 3620 Bellaire Drive N, Fort Worth, Texas, and it will not impact our services. If further information or verification is needed, please let me know. Kind Regards, fatty Dc m gAerfy Betty Daugherty Right of Way Agent, 11 214.206.2789 Betty.Dau herty(o)atmosenergy.com Atmos Energy Corporation 5420 LBJ FRWY, Dallas TX 75240 NC R Date: March 23, 2021 Customer Name: Michael Webb Street Address of encroachment. 3620/3628 Bellaire Drive N. City/State/Zip: Fort Worth rX 76109 Re: X: FENCE ENCROACHMENT, 3620/3628 Bellaire Dr. N, LOT 24 & E/2 LOT 23, BLOCK 20, BELLAIRE ADDITION, an addition to the City of Fort Worth, Texas Dear Mr.Webb: I have received your request to construct a fence extension at the above referenced location in which a portion of the fence encroaches into a Platted Utility Easement has been inspected. Oncor does have facilities located within the above mentioned easement, but based on our inspection of the location of the proposed facility, we see no negative impact upon our ability to maintain our facilities. it is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out hereinabove. Oncor shall continue to have unrestricted access to, on and across the easement. It is understood by owner, that when the electrical facilities in the easement area need repaired, replaced or upgraded, it will be owner's responsibility to remove any obstruction that interferes with Oncor's ability to perform the necessary work_ Oncor maintains the right to utilize the entire easement for its needs, and will not be responsible for any damages incurred during the process. Owner acknowledges and understands that Oncor maintains overhead underground electrical facilities within the easement. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements. if you hav any question r need additional information, please contact the Oncor office at (817) 4 -3434._. in rely, Budd G. Rodgers, SR/WA 7860 Winbrook Dr Benbrook, TX 76126 432-234-9052 (Property Owner signature) (Date) Spectrum, March 5, 2022 Michael Webb mblfw.com SUBJECT: Encroachment of 3620 Bellaire Dr N, Fort Worth,TX 76109. Spectrum Communications hereby grants a 3 ft encroachment for the purpose of building a fence into a portion of the 3 ft General Utility Easement associated with the property located at 3620 Bellaire Dr N within the City of Fort Worth,TX 76109, 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 facilities within this easement. If it has not alreadytaken place, please call 1-800-DIG-TESS to have facilities marked and located within affected easements before ar,y 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, i't'� (?,$ , Marla Collier Business Development Specialist Spectrum Communications EXHIBIT D Certificate of Insurance Tier II Easement Encroachment Agreement Page 14 of 14 PN22-00069 CH U B Bm TEXAS DECLARATIONS PAGE PO Box 1600, Whitehouse Station, NJ 08889-1600 Name and Address of Insured Policy No. 11411767-06 JAMES W. WATSON AND KAREN P. WATSON New Rewrite ❑x Renewal 3620 BELLAIRE DRIVE N FORT WORTH, TX 76109 Policy Period Amended-Date Effective Date: 03/04/22 Texas Homeowners Policy Form Ho-C Expiration Date: 03/04/23 Company Name and Address at 12:01 a.m. standard time at the location of the CHUBB LLOYD'S INSURANCE COMPANY OF residence premises/dwelling TEXAS - A TEXAS LLOYD'S COMPANY 3620 BELLAIRE DRIVE N 2001 BRYAN STREET, SUITE 3400 FORT WORTH, TX 76109 DALLAS, TX 75201-3068 COUNTY - TARRANT Residence Premises/Dwelling Construction: BRICK VENEER Lot Block Addition Protection Class: Roof Type: TILE Agent Name and Address Mortgagee HIGGINBOTHAM & ASSOCIATES INC PROSPERITY BANK 500 W 13TH STREET ISAOA/ATIMA FORT WORTH, TX 76102 407 THROCKMORTON ST, STE 400 Agent No. 41714 Sub Agent 999 FORT WORTH, TX 76102 Loan No. 0202027057 Limits of Coverages Liability Premium Section I Property Coverage A. Dwelling $ 1,072,000 $ 13,568 Other Structures $ 229,100 $ 29 Coverage B. Personal Property $ 643,200 Included Personal Property Off Premises Included XXXXXXXXXXX Basic Premium XXXXXXXXXXXX $ 13,568 Section II Liability Coverage C. Personal Liability(each occurrence) $ 1,000,000 Included Coverage D. Medical Payments to Others(each person) $ 25,000 Included Other Residential Premises - Location SEE ATTACHED XXXXXXXXXXXX $ 51 Increased Liability Limits XXXXXXXXXXXX $ 176 Loss of Use Unlimited XXXXXXXXXXX Other Coverages and Endorsements Form Number and Title 99-10-0299 12/18 POLICYHOLDER INFO. NOTICE 02-10-0642 01/08 MOLD, FUNGI OR . . . COV. SEE PAGE 2 02-02-0494 12/17 TX PLAT. PROG. FOR HOMEOWNERS Included 02-02-0499 06/99 DAMAGED PROP. OF OTHERS $ 5,000 $ 4 HO-101 09/93 REPL. COST ON PERS. PROP. $ 388 Deductible Deductibles* Amount of Adjustment (Section I only) Deductible Premium Deductible Clause 1 $ 25,000 $ -1,237 Deductible Clause 2 $ 25,000 $ -1,856 Deductible Clause 3 Total Policy Premium XXXXXXXXXXXX $ 11,409 You will receive a billing statement that will outline the schedule of premium amounts and the due dates. A revised billing statement will be sent for any premium changes. OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY- REFER TO YOUR POLICY Form no. 02-02-0488 (Rev. 12-18) INSURED COPY Paul N. Morrissette, Authorized Signature