HomeMy WebLinkAboutContract 56578 Date Received: 11/01/2021 Permit Number: PN21-00153
Time Received: 4:48 pm City Secretary No.: 56578
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 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 Dwayne A. McKoy and Nyema
A. McKoy,property owners ("Licensees").
RECITALS
WHEREAS, Licensee is the owner of the real property located at 3725 Aspen
Brook Lane, Fort Worth, Texas 76244 (`'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, in the plat records of Tarrant County as plat
number FP-16-124; 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 inground fiberglass pool (the "Encroachment"). Upon
Tier ii Easement Encroachment Agreement OFFICIAL RECORD
PN21-00153
CITY SECRETARY
FT. WORTH, TX
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.
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
Tier TT Easement Encroachment Agreement Page 2 of 13
PN21-00153 Revised 11/2020
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.
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.
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PN21-00153 Revised 11/2020
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
homeowner insurance policy for the property as proof that is has secured and paid
for a policy of homeowner 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
$5005000.00
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.
11.
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PN21-00153 Revised 11/2020
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
Tier TT Easement Encroachment Agreement Page 5 of 13
PN21-00153 Revised 11/2020
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 TT Easement Encroachment Agreement Page 6 of 13
PN21-00153 Revised 11/2020
City: Licensees:
CITY OF FORT WORTH Property Owners
By: By: 1
D.J. Harrell, Director of the Name: Dwayne Mc oy
Development Services Department Title: Property Owner
Oct 29,2021 2
Date: Date: l0,2 Zva,
Name: Nyema, A. McKoy
Title: Prope Owner
F
a�FORT��� Date:
1�o00000000A T
�o ���Ad
�v° °_�
ATTEST: � o o� Approved As To Form and Legality
Op o0 G
j, �00.000 ICY
Ronald P. Gonzales, Acting Thomas Royce Hansen
Assistant City Secretary Assistant City Attorney
Ordinance No. 24161-04-2020
Date: Oct 29,2021
Date: Oct 27,2021
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: Oct 27,2021
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY
PN21-00153
FT. WORTH, TX
***THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY***
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
October , 20 21 .
Wendy L Digitally signed by Wendy L
Beardslee ROF
WENDY L BEARDSLEE
Date:2021.10.29 10:08:55 z Notary Public
Beardslee STATE OF TEXAS
05'00' Notary I.D. 13323719-3
Notary Public m and for the State of Texas My Comm.Exp.July 28,2025
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 S o
PN21-00153 Revised 11/2020
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned autkority, a Not Public in and for the State of
on this day personally appear '�►�►6R--`"itle) known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he or she executed the same for the purposes and consideration therein expressed, as
the act and deed of ��A , a N14 (entity type), and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ',lyday of j
20
taFJ° NERY CORONA
Notary Public in and for the = ` Notary ID#129852051
My Commission Expires
State of (Ez-x4s rF�_. August 15, 2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigne thori , a o ublic in and for the State of � S ,
on this day personally appeared tle)known to me to be the person whose name
is subscribed to the foregoing instrument, ac owledged to me that he or she executed the same
for the purposes and consideration therein expressed, as the act and deed of A fl , a J�� (entity
type), and in the capacity therein stated. !
GIVEN AND F OFFICE this'2 (day of �
'Notaryrd
P ('n and for the taR p NERY CORONA
State of CE Notary ID#1 2 98 5 20 51
/ My Commission Expires
�'Teo�sET August 15, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
i
Tier II Easement Encroachment Agreement Page 9 of 13
PN21-00153 Revised 11/2020
EXHIBIT A
Description of the Licensee's Property
Survey
Tier TT Easement Encroachment Agreement Page 10 of 13
PN21-00153 Revised 11/2020
B & D !YpOD MACE
GONCRE7E -�
SURVEYING, INC. `I NK BRICK,
FIRM NO.t 7A7•AO r r n;drrr„ nl
ASPHALT BRICK WALL
B D 1 WOOD -� STONE WALL
S I $TOME OVERHEAD ELECTRIC LINE
-E E
P.O.BOX lfSSM ORA VEL IRF(SI-IRON ROD FOUND(SET)
M"S VILLE,TELlAS 760N 'BLD'-RED CAP STAMPED CM-CONTROLLNG MONUMENT
PHONE_amm-2AS0 'BAD SURVEYyRO' FD.- FOUND WON. GFN:2SIOf10FlN
'AMA'-YELLOW CAP STAMPED F.F.-FINISH FLOOR
'A�. T.C.-TOP OF CURB 230 Af irW o/i-Sar• Rcwd
lf0 Narth p-nton Tip Rw0
TITLE SURVEY Sulalm
copp-n.Tx7A019
canrl-aur a mS A A 0 ZUX"wa OW ALL AWHIS OWSCOM to Plwm:M7lN1LIUt
LOT 1, BLOCK 1 LOT 2, BLOCK 1
to ORA1Nn6( L'ASCMI Nr , O'DONNEL'S ADDITION - ----O'DONNEL'S ADDITIC
O 1 two
R TC 1 01150I�°�� D215078534 D215078534
f?N .
tw�q,2y•Ttl"YV (;r, P.R.T.C.T. P.R.T.C.T.
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/ NOTE THE FOLLOWING EASEA
' LSeXs DO NOT AFFECT THn
VOX.USA PG.53Z VOL.71J7,PG
O.P.R.T.C.T;HOWEVER THE me
EGRESS RIGHTS ARE RETAINED Ar
AFFECT THl
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' NOTE:THE FOLLOWING EASO
00 NOT AFFECT THI
VOL.&"Z FO.M VOL.4527,1
1 1.0 VOL 04",pas.870 A A00.VOL
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SCALE:tip ( RESIDENCE 02100 AfixOZI&WA127,Dn«
w 3725 ASPEN BROOK I w DS1AOAi161 o P.I
LOT 41 pW ry LANE 3 LOT 39
O L07'40
O BLOCK 7
Ig
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ELEC.
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®WATER METER (BASIS OF BEARING)
ASPEN BROOK LANEr '(50`R.0•W.)
PROPERTY DESCRIPTroN
SYM ASFM 8*OO r LANE,LOT w.BLOCK 7,OF PAw MEADOWS,PHASE II,AN ADDITION TO THE COY OF FORT WORTI�TARRANT COINTY.TE)fAS,ACCOROWf
,T1 a PLAT THEREOF RECORDED INDocumeNT NO.OSMtA0M7,PLAT RECORDS•TARRANT COUNTY,TEXAS
SURVEYORS CERTIFICATION
THE U NDERS)GAIED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE;ppopERTy LEGALLY IB
COARECTI AND TO THE BEST OF M Y KNOWLEDGE THERE ARE NO VISIBLE O(SCREPANCIE$CONFLICTS,SHORTAGES INAREA, ERE(
BOUNDARY DESCRAB E CED H ERE(
ENCROACI WIENTS,OVERLAPPM O Of IMPRO VEMENTS AND EASEMENTS Of RIGHT-OF-WAY TMAT(GAVE BEEFY ADVISED OF BOUNDARY
AS SNOIMI HERFO
ONFL
PROPEiMHAS ACCESS TO AND MIOM A OUNCATED ROADWAY.
FLOOD STATEMENT
THE FROMM DBfCMW HEREON a M07 MM"A SPECIAL FLOOD HAZARD AREA ACCORDING TO THE FEDERAL 9lRGMICYMANA0EMEl fT AGENCY FLO
NSLMtANCE RATE MAP IMNlL NO.AL4300007011 PRESfA1T EPFECTW DATE OF YAP NWTEMBER M M"k HEWN PROPERTY SMJATED(NTIMO ZONE X(INSN
-GENERAL NOTES --- --._.- _
1��"W
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D"AR SDEIMYFO FROM DATA FfAfCORDW FLAT.
MMA OPE AID IDS U40ga TS ALL EASBI�IITlIti AIDNTS DFWAY OR OT7lER LOGT ' R�SNDMORNOTOERIVt40/#OW 1lE IN1;1a�FLA T,1lIE VESTNO DEl:O OR T/!ATil REPORTAWD auvomTNVG _ .......
ORPROYIDMBYTIEt/dASTOTIL"ACCUMCYOR MICHAEL R, DO'
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PW MUM YTLIM DO C=►AEON ARE BASED ON FVW LOCATION OF WMA ABOVE GROL>Irn EVON
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EXHIBIT B
Depiction of the Public Property
Tier TT Easement Encroachment Agreement Page 11 of 13
PN21-00153 Revised 11/2020
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_= Colleyville,TX.76034 FINAL PLAT
PR....T N 1...W
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(817)335-9900 PINE MEADOWS
FAX:(817)335-9955 PHASE II
TBPLS F.N.10090800 PATE REVISIONS
EXHIBIT C
Depiction and description of the Encroachment
Tier TT Easement Encroachment Agreement Page 12 of 13
PN21-00153 Revised 11/2020
Notes:
Inspector measured to the fence 7'9".The fence is actually on the property line by 6",total of 8'3".
Pool diagram has a safety ledge that equals 6"to the wall of pool.An additional 8"to the floor bottom as the pool slopes
inward on walls.In fact,the pool encroaches nearly a foot into the 10'easement.For this we are seeking a variance.
El
at
Safety rail to edge of water 61
Floor bottom at 10lndtes
Equipment:
2 HP variable Speed Pump
Cartridge Fitter I:
In-Line Salt
Heater
Owner.
Dwayne and Nyema McKoy
3725 Aspenbrooke Lane
Fort Worth,TX 76844
(954)682-3013
Builder:
McUoplex Pools
500 North Kimble
Avenue
Southlake,TX 76092
(817)734-9230
Sale:1/8"=1 ft
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Exhibit"D"
Franchise Letters
ZTMos
energy
September 1,2021
Sam Brock
Metroplex Pool LLC
500 N Kimble Avenue
Southlake,Texas 76092
Re: Utility Easement Encroachment
Atmos Energy has no objection to an encroachment on the utility easement
at the rear of 3725 Aspen Brook Lane in Fort Worth,Texas. Atmos has no
facilities in the easement.
If you need additional information please contact me at 214-549-7144.
Sincerely,
Bobby Oney
Project Manager
Atmos Energy Corporation
I00 West Momingside
Fort Worth.Texas 76110
Spectrums.
9/3/2021
Sam Brock
Metroplex Pools
500 N.Kimble Ave
Southlake,TX 76092
SUBJECT: Encroachment of 10'Utility Easement,Fort Worth,TX.
Spectrum Communications hereby grants an encroachment for the purpose of installing an inground
swimming pool into a portion of the General Utility Easement associated with the property located at
3725 Aspen Brook Lane,within the City of Fort Worth,Texas 76844. 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,
Marla Collier
Business Development Specialist
Spectrum Communications
Sam Brock
From: AT&T Distribution Cable Locate Notification <alcs@zlp26512.vci.att.com>
Sent: Wednesday,September 15,2021 2:07 PM
To: Sam Brock
Subject: AT&T Distribution-All CLEAR/NO CONFLICT NOTIFICATION:2175883815
******THIS EMAIL IS SYSTEM GENERATED. PLEASE DO NOT RESPOND TO THIS EMAIL********
AT&T Distribution-Damage Prevention
AT&T DISTRIBUTION UNDERGROUND/BURIED INFRASTRUCTURE LOCATE
All CLEAR/NO CONFLICT NOTIFICATION
Ticket No:2175883815
Ticket Address: 1340 Camino real
Place:FAIRVIEW,TX
Caller Name: SAM BROCK
Caller Phone:(817)223-4006
Contractor Name:METROPLEX POOL
Contractor Phone:(817)734-9230
AT&T Distribution Membership Code:TXN1
State One Call Law Reference:TEXAS ONE CALL LAW REFERENCE:UTILITIES CODE-TITLE 5
CHAPTER 251
This is to notify you that for the above One Call Locate Notification Request,status of the facilities at this date
and time is All Clear/No Conflict.The information in this response does not mean that another utility other than
AT&T Distribution is Clear/Not in conflict or different activities at the same location would be clear. If you
have any questions about this message or if you believe you have received this notification in error and that
AT&T Distribution Underground Facilities are actually in the vicinity of your excavation activity,please call 1-
817-589-1056/713-567-4552,210-3 77-5477.
*A duplicated notice may be sent multiple times, resulting from an update of the same ticket number.
1
000�
NC R
Date: September 15, 2021
Customer 1 Contractor Name: Metroplex Pools/Sam Brock
City I State 1 Zip: Grapevine, TX 76051
Re: X_Encroachment:
UTILITY EASEMENT encroachment of fiberglass pool, 3725 Aspen Brook Lane, Fort Worth,
Texas, 76844; LOT 40, BLOCK 7, PINE MEADOWS, PHASE 11, AN ADDITION THE CITY OF
FORT WORTH, TEXAS
Good afternoon Mr.Brock
have received your request to encroach upon the 10 foot Utility easement located at the rear of
the above referenced location. Based on your request to encroach into an existing reasement
with a fiberglass pool, as shown on the attached Exhibit.
Oncor does NOT have facilities located within that portion of the above mentioned easement
therefore there will be no impact upon our facilities. This letter is to serve the purpose of
ALLOWING the encroachment from Oncor in said easement, as shown in the exhibit, and made
a part of this Letter of Consent to encroach upon the easement.
If you have any questions or need additional information, please contact the Oncor office at
(817)443-3434.
Sincer
e
Budd G. Rodgers, SRMA
ONCOR ELECTRIC DELIVERY
7860 Winbrook Dr
Benbrook, TX 76126
EXHIBIT E Certificate
of Insurance
Tier TT Easement Encroachment Agreement Page 13 of 13
PN21-00153 Revised 11/2020
ASI Lloyds
'AS[
ur Way PROGREMME'
St.Petersixag,FL 33702
MOW
Honseowmen Declaration Page
Total Pocky Premium: S1,550
Policy Number. TXL797675
Named Insured.
NYEMA A MCKOY AND DWAYNE MCKOY Agent:
Pathway Insurance Agency,LLC
FOR ASPEN BROOK 7001 Boulevard 26.Ste 321
FORT WORTH TX 76244-7823 North Richland Hills,TX 76180
Agent Code: 420102
For Policy Service,Cali: (817)952-3025
Efiertive Date e<The Transaction: 7/31R021
Aetn,ity of This Transaction: Change Mortgage Info Policy Period: From: 07/31/2021 To: 07/31/2022
Residence Premises: (At 12:01 AM Standard Time at the residence premises)
3725 ASPEN BROOK LN Plan Type: HOB
FORT WORTH.TX 76244-7823
Coverage at the residence premises is provided only where a limit of liability,is shown or a premium is stated.
Coverages sad Limits of Liability Limit Premium
SECTION 1: A.Dwelling Coverage $442,000 4322.64
A_Other Structures $44,200 Inchided
B.Personal Property $221,000 Included
Loss of Use S88,400 Included
SECTION It: C.Liability-Each Occurrence $500,000 35.00
D.Medical Payments Limit to Others-Each Person $5,000 10.00
OTHER COVERAGES AND ENDORSEMENTS:
(Pru d on the followv%lam)
DEDUCTIBLES: Clause 2(Other Covered Perils): 1%-$4420
Clause 1(Wind/Hail): 1%-f4420
Special Messages: OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY-REFER TO YOUR POLICY FOR DETAILS
TINS POLICY HOES NOT INCLUDE COVERAGE FOR FLOOD LOSSES.
Mortgagee:
1st Mortgagee: Ind Mortgagee:
PENNYMAC LOAN SERVICES LLC ISAOA
PO BOX 6618
Springfield,OH 45501.6618
Loan#8 1 9206604 1 Escrow.Yes
Cotmtersigned by Authorized Representative SL Petersburg.,FL Date07/192021
ASI BOB 42 DEC 1118 The ASI Group is an affiliate of The Progressive Corporation Page 1 of 3
Named Ias sredisk NYEMA A MCKOY AND DWA YNE MCKOY Policy Number.
TX1.797675
Other Carerages And Eadorsemen6:
TOM BOB Policy Form Fong Number Limit
Special Provisions ASI BOB 03 04 Premium
Progressive HOme&Auto Bundle Package ASI HOB 42 TX Sp 08 18
Consumer Bill ofRights ASI HO PHAA 12 17
Cancellation CBR 2005 11 06
PC I Coast urtioa Factor NO 712 09 03
Increased Repi Cost on Duelling 432.26
Policy Fee ASI BOB 42 IRC 07 06 88400 41 2I
Burglar Protection
90.00
RePlaoement Cost on Contents ASI BOA 42 RCPP _213.97
Accredited guilder ASI BOA 42 RCPP 0102
Age of Duelling 389.04
Package Policy Discount -427.94
All Perils Deductible -1835.87
Wind Hail Deductible -427.94
4420 Included
Scheduled Items: 4420 Included
Category
Description of Property
Value Premium
Additional Insured:
Additional latenxt:
Insemst
Interest
Rating Information:
Construction Type: MasonryNenecr
Type of Residence: Single Family
Year Bair 2019
Total Squam Feet: 3,400
ASI Territory: 031
Page 2 of3 The ASI Group is an affiliate of The Progressive Corporation ASI BOB 42 DEC 11 IS