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HomeMy WebLinkAboutContract 58291 Date Received: 10/24/2022 Record Number: PN22-00094 76ne Received: 3:21 pm City Secretary No.: 58291 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 Coimty, Texas ("City'), acting by and through its duty authorized City Manager, Assistant City Manager, or Director of the Development Services Department, and Christ Fellowship-Metroplex, a(n) Texas non-profit corporation ('Licensee"), acting by and through.its duly executive pastor- RECITALS WHEREAS, Licensee is the owner of the real property located at 5023 Trail Lake Drive, Fort Worth, Texas 76133 ("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 inlerast in a public; utility easernenl and owns and access easement (the "Public Property") adjaccnt to the Property as shown in the attached Exhibit "6," which is incorporated hurcin for all purposes, and as recorded in the plat records of Tarrant County as plat number FS-99-167; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on. above,or below the Public Properly; mid WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility casement; 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 I. 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 m, on, above, or below and uccupy a portion of the City's Public; Property as dcscr&-d in and at the locatior. shown on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing, Tier n Fascnrnt F.ncinadimcnt Agreciiiant OFFICIAL RECORD 3 PN22-00(}94 2 CITY SECRETARY y FT.WORTH, TIC installing, and maintaining a fence and gates {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 causs, 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 tie -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 -i;9n6tvuction, 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 duty 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 n is Agreement, Licensee shall, at the option of and at no expense to the City, remove the Encroachment and restore the Public Property to a Tier II Easement Encroachment Agreement Page 2 of 13 PN22-00094 312022 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 Agreerngnt 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 tom.PutAc .Property, to restore the Public Property, and to assess alien 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 wMch the City has incurred or will incur as—%. 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. S. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon Ls 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 inked 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 Agieement Page 3 of]3 PN22-0009e& 3/2022 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 ANDIOR 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, E3aSTENCE, 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 holier 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 wised 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 Builduig 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 It Easement Encroachment Agreement Page 4 of 13 PN22-00094 3/2022 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient stun 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 aH 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—m joint brie 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. "y have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. Tier It Easement FrnemwlmientAgreement Page 5 of 13 PN22-00094 -3 2 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-pack 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 assent 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 he considered an original, but all of which shall constitute one instrument [SIGNATURES APPEAR ON FOLLOWING PAGEI Tier II Easement Encroachment Agreement Page 6 of 13 PN22-"94 312022 City: Licensee: CITY OF FORT WORTH Christ Fellowship-Metroplex a Texas no-profd corporation By:DJ Harrelt(Oct 4,2022 09A0 COI} By. , � D.J.Harrell, Director of the Name:Micah Scharchburg Development Services Department Title: Executive Pastor Date:, Oct 4, 2022 Date: lr 22 ATTEST: Approved As To Form and Legality 4Afiftet to S.Goodall(Oct 7,2022 17: T) Jannette Goodall, Thomas Royce Hansen City Secretary Assistant City Attorney Date: Oct 7, 2022 Date: Sep 29, 2022 4�n�unn 4� 'F°Rr �aa a Co°°° 000 '/��� Contract Compliance Manager. p�a °�'A�d By signing I acknowledge that I am the person �►° vg o=� responsible for the monitoring and administration o °e a of this contract, including ensuring all performance ° °00 *a and reporting requirements. °0000000 qAV , a�AF4p5�4 Ma-Pf 7i11 van behalf of Malt TiIIy on behalf of(Sep 29.202214:49 COT) Janie S.Morales Development Services Date: Sep 29, 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 7 of 13 PN22-00094 312022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personalty appeared D.J. Harrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acluiowledged 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 4th day of October >2022 Wend L, Digitally signed by Y Wendy L.Beard slee B e a rd s l ee Date:2022.1 a.oa 10:4738-05'00' o pRY P - WEN DY L $EARDSLEE Notary Public in and for the State of Texas z �, Notary Public * * STATE OF TEXAS `A9 Notary I.D. 13323719 3 TE Of My Comm. Exp. July 28, 2025 After recording return to: Development Services Deparkmnt Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Tier II Easement Encroach ment Agreement Page 8 of13 PN22-"9L4 3/2022 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 Micah Scharchburg, Executive Pastor (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or shr executed the same for the purposes and consideration therein expressed, as the act and deed of Christ Fellowship- Metroplex, a Texas non-profit corporation (entity type), and in the capacity therein state d. GIVEN CINDER MY HAND AND SEAL OF OFFICE this l Z day of S-F�. 20 72-Z Notary Public in and for the .'aY°Ls WILLiAM WIL5NU5EN 4^ Notary 40 Nt 26046 4 52 State of 7-Ic Ay[arr,missfon expires a� August 9, 2029 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier H Easerwrt Encroadinneni AgrecmmI Page 9 of 13 PN22,00G 4 3/2022 EXHIBIT A Legal Description ofthe Licensee's Property Being Lot20R, Block 68 of Wedgwood Additon, an addition to the City of Fort Worth,Tarrant County, Texas, according to the replat thereof recorded in Cabinet B, Slide 2084, Plat records of Tarrant County, Texas together with all the improvements and fixtures located thereon. Tier II Easement Fncmachu ent Agieemmnt Page 10 of 13 PN22-00094 312022 z r A V V V (D d N d .dr M A rt N CD lz rb % a v a rt 3 g -0 rr rp r = C = A 5 ro1wC N rrD R r m c 3 1G C a w N m a N w M crCD M [D 3 C n 0) rt n n w m v �D FA H C7 N OD 3 cr Q ' r I � rho ••rT' Q� r _ , P+to r 4 'ram 1 [D c d k 'P cb r•r CP 00 CP Y .0 - fC r1 w • c dift 0 �1 12. n i 2. ` Zv- . O N y 0 ;" n O ti � Vmi �7 Y+7•� ,•n �7 :3, i EXHIBIT B Depiction of the Public Property Tier 11 Easement Encroachment Agreement Page 11 of 13 PN22-00094 312022 m n0U o'az `vvy gpggepppaw�S 'f'j 4g y aN ��7� aMn� f CI�SA O�- H it aCJ t ��' �� �'�i �•',Up'Sr6� �� �k� CA 900 on_ntr�w � �y�4 WtV s7I $ I�i w +C�il I rr z o" bgag7 R tilr � 1 4��❑ygn � � FR 4 #ql to le�t tf 0 y[l Qr tq V[�ii 46 fU .k 1 S�v4 !Q 4 W Iti,I q $J•1y� I 3 7' g�+F-��yQr.B¢• w I �9S Sy g p Iy a r 5 g �Rr•d ; W zr C*) top Lor � $i..r •;.• � �k 7 .r �16 g�9� ��_sPx 3 fill .tZDP+a PIP 1 C7 yIf tj � 4bS� :CtEj Af �3 5d a S b rely" a o o ;,77 ❑� o - y R� •, aMA � ° RR • s � � Ra EXHIBIT C Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 12 of 13 PN22-00094 3/2022 r _ P-1 I 77 m W ► I I : e �. fa _ }_ = I m p g s I ._IEL J /71 0 CD 43 CD CD IT- A \ z ST I I s { z q � } I 14 1 I I � + I n I i mJ N pY Z �Ff a�$mzc� � it TJ V7 m Illm _ 1091 aT�i aG m-O o a �mm"mpy�xz r.s3m N UviO2; Q m� � g M;u m m � � !| ■ \k k k 5 $i § > - � 20 / - m � § (D CO �n | 2 (m� m\ �§ k @@ k ~ \2 § §� -n coCD � a } m � _ \ m 2 m g \ � } � @ « 2 CD q A § ^ \ ~ \� � \ d z m ■FENCENEGHT ra 2 POST \ § EeEDME q LM I § § § r. � 10, m A Z §}m 2m TM m §�R ƒ §CO om �pk § oG� 2■■ 0 7'0 �2 2 2§77�2��2 §� ; 2 2 §§2 2§JaGz2m—om m 7\§ r0 q EXHIBIT A ENCROACHMENT 1 UTILITY EASEMENT ENCROACHMENT LOTS 19-R AND 20-R, BLOCK 69, WEDGWOOD ADDITION T&P.R.R. CO SURVEY,ABSTRACT NO. 1478 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS BEING the centerline of a proposed fence situated within the T.&P.R.R. Company Surrey,Abstract Number 1478, same being situated along the common line between Lots 19-R and 20-11, Block 68,Wedgwood Addition,an addition to the City of Fort Worth,Tarrant County,Texas as shown on the plat recorded in Cabinet B,Slide 2084, Plat Records,Tarrant County,Texas(PRTCT), and being more particularly described by metes and bounds as follows: Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone(4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) BEGINNING at a point in the common line between said Lots 19-R and 20-R having a Texas State Plane (NAD83), Texas North Central Zone(4202)grid coordinate of N:6928947.79, E:2314809.33 from which an X-cut found for the-northeast corner of said Lot 19-R, same being the mast northerly northwest corneiimf saki'L6.120-R bears North 14-22'24" East,a distance of 24.00 feet; THENCE South 14°22`24"West,with the said common line, a distance of 103.83 feet to the POINT OF TERMINATION having a US State Plane(NAD93),Texas North Central Zone (4202)grid coordinate of N; 6929947.23, E: 2314783.56 from which a 5/8-inch capped iron rod marked "R W COOMBS RPLS 5294"found for the southeast corner of said Lot 19-R, same being a re-entrant corner in said Lot 20-R bears South 14°22'24"West, a distance of 21.34 feet,said centerline containing a total distance of 103.83 linear feet; SURVEYOR'S CERTIFICATION I, Robert A. Lee,a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. - CE OF T� 13 C B .................. BAIRD, HAMPTON & BROWN Robert A Lee engineering and surveying o „, Robert A. Lee State of Texas Re stered Professional Land Surve or <qti B344 Ridglea Place,Suite 744 Fort Worth,TX 7811B g i y deeabhbinc.eom•817.338.1277•bhbinc.com RPLS No. 6895 TBPELS Finn 944,#10011300 Date.,August 04, 2022 Orawina: Fr\Surve✓12\70R "ior:h Church\000\n.\NORTH FNCR=HYFNT.e1wn EXHIBIT B N ENCROACHMENT 1 Line Table UTILITY EASEMENT ENCROACHMENT Line N Direction Length LOTS 19-R AND 20-11, BLOCK 68, WEDGWOOD ADDITION 11 Nlrzz z4 s= za.oD w F T&P.R.R. CO SURVEY,ABSTRACT NO. 1478 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Lz s1a�z2'24"w zi.sa � x-cur a30' FOUND r?Jvv 1 SCALE: 1" = 30' POB �� ,,oc- '.Z'JCF US STATE PLANE (NAD83) GRID TEXAS NORTH CENTRAL (4202) f �S Ur1 N: 6928947,79 1 cm $ E: 2314809.33 ;~ �M£RC�j�R1yq C� 08' 1 ' VOL.t%ryCr ACCESS & 1422 EYEAT o f DR76TPC. 278 LOT 20—R, BLOCK 68 CENTERLINE OF WEDGWOOD ADDITION LOT 19—R, BLOCK fib .A�S 3 ' PROPOSED FENCE CAB. B, SLIDE 2084 WEDGWOOD ADDITION ENCROACHMENT ENCROACHMENT PRTCT CAB. B, SLIDE 2084 ,y PRTCT ° +� NOTES 10' UTILITY EASEMENT Basis of bearing being U.S.State Plane Grid- CAB. B, SLIDE 2084 Texas North Central Zone(4202) NAD83 as PRTCT established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD93(2011)Epoch 2010.0000. Distances shown are U.S.Survey feet displayed in surface values. CY p SHOE 2D � ClRF POT US STATE PLANE (NAD83) GRID TEXAS NORTH CENTRE (4202) LEGEND N: 6928847.23 CIRF............5/9"Capped Iron Rod Marked E: 2314763.56 "R W COOMBS RPLS 5294" Found DRTCT.........Deed Records,Tarrant County, Texas SURVEYOR'S CERTIFICATION PRTCT..........Plat Records,Tarrant County, I,Robert A.Lee,a Registered Professional Land Surveyor licensed in the State of Texas, Texas do hereby declare that this survey is true and correct and was prepared from an actual POB............Point of Beginning survey made under my supervision on the ground. further,this survey conforms to POT...,........Point of Termination the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. a m. B e�OT�r�+� BAIRD, HAMPTON&BROWN •--••••• I.....••• engineering and surveying •Robed.A..Lee - Robert A.Lee -;'6 6$96 Pv; 6300 Ridg lea Place,Suite 700 Fort Worth,TX 76116 C•��F55���• dee®bhbinc.com-817.338.1277•bhbinc com State of Texas Registered Professional Land Surveyor 9N�SURV•' TBPELS Firm 444,41001134R RPLS No.6895 SUR Date:August 04,2022 mg: rvey c rc EXHIBIT A ENCROACHMENT 2 UTILITY EASEMENT ENCROACHMENT LOTS 19-R AND 20-R, BLOCK 68,WEDGWOOD ADDITION T&P.R.R. CO SURVEY, ABSTRACT NO. 1478 CITY OF FORT WORTH,TARRANT COUNTY, TEXAS BEING the centerline of a proposed fence situated within the T.&P.R.R. Company Survey,Abstract Number 1478,same being situated along the common line between Lots 19-R and 20-R, Block 68, Wedgwood Addition,an addition to the City of Fort Worth,Tarrant County,Texas as shown on the plat recorded in Cabinet B, Slide 2084, Plat Records,Tarrant County,Texas(PRTCT),and being more particularly described by metes and hounds as follows: Bearings referenced to U.S.State Plane Grid 1983 -Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U-S.Survey feet displayed in surface values.) BEGINNING at a point in the common line between said Lots 19-R and 20-R having a Texas State Plane (NAD83),Texas North Central Zone(4202)grid coordinate of N:6928871.72, E:2314S87.60 from which a 5/8-inch capped iron rod (illegible)found for the southwest corner of said Lot 19-R,same being the most westerly northwest corner of said Lot 20-R bears North 76940'23"West, a distance of 41.04 feet; THENCE South 76'40'23"East,with the said common line,a distance of 158.00 feet to the POINT OF TERMINATION having a US State Plane (NAD83),Texas North Central Zone(4202)grid coordinate of N: 6928835.31, E:2314741.32 from which a 5/8-inch Capped Iron Rod marked "R W COOMBS RPLS S294"found for the southeast corner of said Lot 19-R,same being a re-entrant corner in said Lot 20-R bears South 76040'23" East,a distance of 37.97 feet,said centerline containing a total distance of 1S8.00 linear feet; SURVEYOR'S CERTIFICATION I,Robert A. Lee,a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. 13 =mB Robert A�Lee BAIRD, HAMPTON&BROWN •••......•••••.... —77 ° fi895 engineering and surveying Robert A. Lee QpF State of Texas Registered Professional Land Surveyor '1'0 up��° fi30D Ridglea Place,Suite 700 Far[Worth,TX 7s1 is dee@bhbinc.wm-817.338.1277-bhbinc.cm RPLS No 6895 TePELS Firm#44,*10011300 Date:August 04,2022 Dravina FASurvPv22\7M Intro h Churnh\nM\&wkNW FwROACHNFNT_dr a `c � Q" M c Z m }M1 a 1 M $tl}}�'sf A tl CL CL cr 97 _ �� �1 n ,= O p v R. Q 1 I I Y h fi C a m ` �Z _ ^ g- 4 g' IL1TY EA$SWfa l n a y 0, o�i 3 v G o CAB. e, 511DE 2084 a m $a Pk�TCT + f �' z M LM � oQ� p r i Q� pn $ j _1 m 2 �rt � h a � oR cZMCaa Oc Q A r iT { - Vt — 4 y z p -< ro m <' w O rrn D ❑ omo srOc ai D � a) do r m {, f O to 07 (D c fU I• rn' C w m 4 Z f {a g m m r_ 0- r�o m �° m � O mzm rc A N CD s m d � 7Q c N [gyp m i ', ' N oa ^'^�!v5 `.�p M TI �7 ry� C n n u,CL c* .* C b . ti�� T n �3, O Qm O R. O G r ro ro J^ r o � to WM � Qr�m � N O _ o .+ m .n. G7G �* � ti �^ n r rn 4A 70 CD m m g o Z � O rn v m r f ,gym C m rn n v nsr❑ov rl CO ` a � _ OA O X Q CDrti �, r `�° O frl o p rU -1 Z b 2 cn n o rL �e ra :03 � � W n rn ADm ZOD F 1 Z O 't C rp O Cp f �O� -j M m O ' O �' n 3 ❑ c !I o c 0 n h� dos � r npC O A n ^m rn rD �fn TIC - Z 2 Ln nC J rnM 2O[it $ j q .�9 —, --, ['TD m C4 p r CL 3 rp N �. > r3r s rD O .?o �* Iv 8 C or !— � � o � m •c am �on � O r0 CD A 3 O Q D Q O 0 CI ,� •• ��. ,• 5'J, C 41 W co a: y Wo � zou cn;rri m *� : �n•o m a :N :b: �; n Q�y 9C 'CD . '�1 n► �n 9 nk liOOZ -10 VCc0r.i �(,4 IA Z .b� � A f n m m ` h+ N aci w w ° sT W W A �D N ;u — -4 u Q -- EXHIBIT A ENCROACHMENT 3 UTILITY EASEMENT ENCROACHMENT 20-R, BLOCK 68,WEDGWOOD ADDITION T&P.R.R. CO SURVEY,ABSTRACT NO. 1478 CITY OF FORT WORTH, TARRANT COUNTY,TEXAS BEING the centerline of a proposed gate situated within the T.&P.R.R. Company Survey,Abstract Number 1478, same being situated within Lot 20-R, Block fib, Wedgwood Addition,an addition to the City of Fort Worth,Tarrant County,Texas as shown on the plat recorded in Cabinet B,Slide 2084, Plat Records,Tarrant County,Texas(PRTCT), and being more particularly described by metes and bounds as follows: Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.5.5urvey feet displayed in surface values.) COMMENCING at an X-cut found having a Texas State Plane(NAD83),Texas North Central Zone (4202)grid coordinate of N: 6928871.27, E:2315104.63 for the northwest corner of said Lot 20-R, and being in the south - right-of-way line of Lynndale Place; THENCE with the common line between said Lot 20-R and the said south right-of-way line and along a curve to the left having a central angle of 02010'19",a radius of 376.93 feet, an arc length of 14.29 feet,and a chord North 76°33'32"West,a distance of 14.29 feet to a point in the west line of a utility easement as recorded in Volume 4279, Page 607, Deed Records,Tarrant County,Texas (DRTCT); THENCE South 16'40'33"West,with the west line of said easement,a distance of 88.65 feet to the POINT OF BEGINNING having a Texas State Plane(NAD83),Texas North Central Zone(4202)grid coordinate of N: 6928789,68,E:2315065.26; THENCE South 74°22'46" East, departing the west line of said easement and over and across the aforesaid Lot 20-R,a distance of 11.45 feet to the POINT OF TERMINATION having a US State Plane(NAD83),Texas North Central Zone (4202)grid coordinate of N: 6928786.59, E: 2315076.28,and said centerl�ne containing a total distance of 11.45 linear feet; SURVEYOR'S CERTIFICATION I, Robert A. Lee,a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. G,s 7Mm • �s :..... ... .B .. .... Robert A. Lee BAIRD, HAMPTON&BROWN """""""" 6895 engineering and surveying Robert A. Lee I State of Texas Registered Professional Land Surveyor �No siiRv�° 6300 Ridglea Place,Suite 700 Fort Worlh,TX 76116 RPLS No. 6895 dee6bhbinc.com•817.338.1277•bhbinc cam TBPELS Firm 944,910011300 Date:August 04,2022 nra=inn- F-\S"rwm22%70R►ntinch Church\i50A\6wa\FAST FWCRWHUFhITdun EXHIBIT B NT ENCROACHMENT 3 Line Table UTILITY EASEMENT ENCROACHMENT Line# Direction Length 20-11, BLOCK 68,WEDGWOOD ADDITION w E T9LP.R.ff—. 00 SURVEY,ABSTRACT NO. 1478 L1 s74°22'46"E 11.45 WPCITY OF FORT WORTH, TARRANT COUNTY,TEXAS 0 S 20' POC!/! SCALE: 1" - 20' x CUT C� FOUND US STATE PLANE (W133) GRID Curve Table TEOS NORTH CENTRAL 202) Curve# Delta Radius Arc Length Chord Bearing Chord Length f N N: 69 1 6928871,27 C1 2°10'19" 376.93 14.29' N76°33'32"W 14.29' E: 2315104.63 LEGEND J D.U.E..........Drainage and Utility Easement I DRTCT.........Deed Records,Tarrant County, Texas 1 PRTCT..........Plat Records,Tarrant County, Lfry Texas LOT 20 R, BLOCK 88 � +4 �SCM POB............Point of Beginning / 279 PC .NT WEDPOC............Point of Commencing CAB. B, S LIDE 2084 ADDITION ORTCT . 607 POT............Point of Termination S f PRTCT 1 LOT 18, BLOCK fib � � to / WEDGEWOOD P�1RON y~ ' ! VOL. 3BB-6, PC. 98 5 b ! P.R.T.C.T. Coo CENTERLINE OF ! / PROPOSED GATE I / ¢ ENCROACHMENT ! 4 VOL. 388 5U PG, 98 �I ! PRTCT r POB i US STATE PLANE (NAD83) GRID 1 POT TEXAS NORTH CENTRAL (4202) ! US STATE PLANE (NAD83) GRID N. 6928789.68 ! TEXAS NORTH CENTRAL (4202) E: 2315065.26 1 N: 6928786.59 NOTES 1 / E: 2315076.28 Basis of hearing being U.S.State Plane Grid- ' 1 Texas North Central Zone(4202) NAD83 as SURVEYOR'S CERTIFICATION established using the AlITerra RTKNet I, Robert A.Lee,a Registered Professional Land Surveyor licensed in the State of Texas, Cooperative Network. Reference frame is do hereby declare that this survey is true and correct and was prepared from an actual NAD83(2011)Epoch 2010.0000. Distances survey made under my supervision on the ground. Further,this survey conforms to shown are U.S.Survey feet displayed in the general rules of procedures and practices of the most current Texas Engineering surface values. and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. OF a B rN BAIRD, HAMPTON &BROWN ..:................. engineering and surveying Robert A. Lee Robert A. Lee - -- 6300 Ridglea Place,Suite 700 Fort Worth,TX 78116 State Of Texas Registered Professional Land Surveyor .::°QN 8550-1 ` deeCibhbinc.com•017.338.1277.bhbinc,cwn RPiS No.6895 �qn; _••'• flQ- TBPELS Firm#44,#1001130a Date:August 04,2022 a scis Lhwing: rosy urc EXHIBIT A ENCROACHMENT 4 UTILITY EASEMENT ENCROACHMENT 20-R, BLOCK 69,WEDGWOOD ADDITION T&P.R.R. CO SURVEY,ABSTRACT NO. 1478 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS BEING the centerline of a proposed gate situated within the T.&P.R.R. Company Survey,Abstract Number 1478, same being situated within Lot 20-R, Block 68,Wedgwood Addition, an addition to the City of Fort Worth,Tarrant County,Texas as shown on the plat recorded in Cabinet B,Slide 2084, Plat Records,Tarrant County,Texas(PRTCT), and being more particularly described by metes and bounds as follows: Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S.Survey feet displayed in surface values.) COMMENCING at an X-cut found having a Texas State Plane (NAD83),Texas North Central Zone(4202)grid coordinate of N:6928783.51, E:2314555.02 for the southwest corner of said Lot 20-R, and being in the east right-of-way line of Trail Lake Drive; THENCE with the common line between said Lot 20-R and the said east right-of-way line and along a curve to the left having a central angle of 03°18'51",a radius of 397.50 feet, an arc length of 22.99 feet, and a chord North 00°24'33"West,a distance of 22.99 feet to a point in the north line of a utility easement as recorded in VoLUm-e 427.9,Page 607, Deed Records,Tarrant County,Texas(DRTCT); THENCE South 56"38'27" East,with the north line of said easement, a distance of 144.45 feet to the POINT OF BEGINNING having a Texas State Plane (NAD83),Texas North Central Zone(4202)grid coordinate of N: 6928727.07, E:2314675.82; THENCE South 34°24'04"West,departing the north line of said easement and over and across the aforesaid Lot 20-R,a distance of 12.56 feet to the POINT OF TERMINATION having a US State Plane(NAD83),Texas North Central Zone (4202)grid coordinate of N:6928716.71, E. 2314668.73, and said centerline containing a total distance of 12.56linear feet; SURVEYOR'S CERTIFICATION I, Robert A. Lee, a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. 13m= B Robert A.-Lee— B_AI_RD, HAMPTON& BROWN .............. e4neerinq and surveying 5895 F,'• Robert A. Lee 6800 Ridgtea Place,Suite 700 Fort Worth,Tx 79116 State of Texas Registered Professional Land Surveyor q�oSURvo des@bhbiac.com•817.338.1277.bhbinc cam RPLS No. 6895 TBPELS Firm#44,#10011300 Date: August 04, 2022 Drain: EASurrev22\708 Antioch Church'1000'D*akSOUTH ENCROACHMENT.dwo O C = o � p p 0 v m d pip C C GS > n paw � " 11 m rt q M, Q zm rr .f srcu z :3 D mm m > Ln ;a j as h :3 j m m r cn y 0 00, uT m o :3 C� ?D N O m a b W W Q Z m F` _ 3 c 3 CR Q � O O to p N O C rt CD 4n - 69 3 7CD NJ 3 r3 w [ in C i $7- a on �Qro :3a a� rt a o TRAIL LAKE DRIVE rh A � 3 '* 00 {A VARIABLE WIDTH " (D wC) PUBLIG RIGHT- 0E— WAY) N N m � a T _ V m fD N Z 2 j O �zN w O 7[ [0 [Q 3 rr �n m do m N a Z -I a N W ■ rt lG Cn .r G rC eD m n O CL CL n o °m yo 3 o ; T O p '" `n 3 : oa n -nC ry V$ c Q m Q, �• n c1 m X m • m C o a m - � C � Q+ to Z �^ 7o C m 0 m n Q -s Lm m va s� [ � �vo h me = m Z 2 �v'a 0 CL cy 00 2 m a 3 rt c �� p �m a CA m W rt 3 a m ��gc7 n ` m Z O m Z a n a c rt � c7 Q r f rn rn -4 " o o CL — r C Z 0 C-) ::Eo p v CO m rn @ .gym m a m C7 fn as :;L• nt: b °0 m .o M p Q00 w ID 000 ZOD V m d r� Q V. F— - T �C �N N �U isrn n pz � Qa! ca co Ul r � r rF � •+ zr m K IIDD I y M i M m W C 9A H Iry a� C EA En_ UT $ f° a 3 R 3 � b 3 0 � W m OF �a yT R 7 r } ! vc_' 1� n ' � to a m Li Fa rd •�� Ln m- fit EXHIBIT D Franchise Utility Letters of Consent ALTMos energy July 6, 2022 Antioch Fort Worth 5023 Trail Lake Drive Fort Worth, TX 76133 Re: Encroachment into Utility Easement Antioch Fort Worth, Upon your request, I have reviewed the locations of the gas facilities near your project site. Atmos Energy does not object to the encroachment located at the property listed above. Verification of the gas line locations can be obtained through 811 Call Before You Dig. Any damage caused to Atmos Energy facilities due to such encroachment will be billed to the party causing the damage. If you have any questions,please contact me at<817-988-8079>. Sincerely, 2�q � Bob Davison Sr. Project Manager Atmos Energy Corporation Address,City,State ZIP P 000-000-0000 F 000-000-0000 atmosenergy.com AT&T AT&T Right-of-Way 13845 FAA Blvd. Fort Worth.TX 76155 July 19,2022 Antioch Fort Worth 5023 Trail Lake Drive Fort Worth,TX 76133 RE: AT&T Letter of No Objection—Encroachment into Utility Easement Wedgwood Addition—Lot 20R,Block 68—D2001126 92 Fort Worth,Tarrant County,Texas Antioch Fort Worth, Southwestern Bell Telephone Company,d/b/a AT&T Texas,has no objections to the construction of the fence/gates on the property referenced above at 5023 Trail Lake Drive. 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 sh611 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, f� x . Ray A.Garcia AT&T—Manager OSP Planning& Engineering Design 1 Right-of Way 817-550-7576 ray. arcia@att.eom Spectrum,, 7/6/2022 Lindsey Lafferty Baird, Hampton, & Brown 3801 William D.Tate, Suite 500 Grapevine,Texas 76051 SUBJECT: Encroachment of 10' Utility Easement, Fort Worth,TX. Spectrum Communications hereby grants an encroachment for the purpose building a fence into a portion of the General Utility Easement associated with the property located at 5023 Trail Lake Drive, within the City of Fort Worth, Texas 76133. 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 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, -�� Marla Collier Business Development Specialist Spectrum Communications NC R Date: August 9, 2022 Customer Name: Antioch Church Street Address of encroachment: 5023 Trail Lake Dr Re: X: Gate ENCROACHMENT, - 5023 Trail Lake Dr Fort Worth, Texas Dear Lindsay Lafferty I have received your request to construct a gate at the above referenced locations in which a portion of the gates 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. If you have any questions or ed additional information, please contact the Oncor office at (817) 44 434... y, udd G. Rodgers, SR1WA 7860 Winbrook Dr Benbrook, TX 76126 432-234-9052 EXHIBIT E Certificate of Insurance Tier II Easement Fncroarhment Agreement Page 13 of 13 PN22-00094 3/2M2