HomeMy WebLinkAboutContract 57725 Date Received: 06/28/2022 Record Number: PN22-00043
Time Received: 2:34 pm City Secretary No.: 57725
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIF,R 11
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Camp Bowie Real Estate, LLC,
a(n) limited liability company ("Licensee"), acting by and through its duly authorized
signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 8112 Camp
Bowie West Boulevard, Fort Worth, Texas 76116 ("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 (the "Public
Property") adjacent to the Property as shown in the attached Exhibit "B," which is
incorporated herein for all purposes, and as recorded in the deed records of Tarrant
County in Volume 388-47, page number 655; 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
OFFICIAL RECORD
Tier II Easement Encroachment Agreement
PN22-00043 CITY SECRETARY
FT. WORTH, TX
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 Fuel Canopy (the "Encroachment"). Upon completion of
the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment
within the Public Property. Licensee shall not expand or otherwise cause the
Encroachment to further infringe in or on the Public Property beyond what is specifically
described in Exhibit "C."
2.
All construction, installation, maintenance, and operation of the Encroachment
and the use or occupancy of the Public Property shall comply with and be performed in
strict compliance with this Agreement and with the charter, ordinances, codes, and
policies of the City. Prior to the construction or installation of the Encroachment,
Licensee shall submit all plans and specifications to the Director of the Development
Services Department or duly authorized representative. Licensee shall not commence
construction or installation of the Encroachment nor make any use of the Public Property
until after the execution of this Agreement.
3.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
Encroachment and the use and occupancy of the Public Property. Licensee has received
the approval and consent of certain franchise utility companies and such consents are
attached hereto as Exhibit "D." Licensee agrees that it shall secure the approval and
consent of all other appropriate utility companies and agencies of the State of Texas and
its political subdivisions. In the event that any installation, reinstallation, relocation, or
repair of any existing or future utility or improvements owned by or constructed by or on
behalf of the public or at public expense is made more costly by virtue of the
construction, maintenance, or existence of the Encroachment and use of Public Property,
Licensee shall pay to City an additional amount equal to such additional cost as
determined by the Director of Transportation and Public Works, the Director of the Water
Department, the Director of the Development Services Department, or their duly
authorized representative.
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.
Tier II Easement Encroachment Agreement Page 2 of 13
PN22-00043
S.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
duly authorized representative. Any such removal of the Encroachment shall be in
accordance with then-existing City regulations and policies. It is understood and agreed
to by Licensee that if this Agreement terminates and Licensee fails to remove the
Encroachment and restore the Public Property, Licensee hereby gives City permission to
remove the Encroachment and any supporting structures from the Public Property, to
restore the Public Property, and to assess a lien on the Property for the costs expended by
the City in taking such actions.
6.
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Seven Hundred Dollars ($700.00).
7.
The term of this Agreement shall be for thirty (30) years, commencing on the
date this Agreement is executed by City. However, the City may terminate this
Agreement upon Licensee's noncompliance with any of the terms of this Agreement.
City shall notify Licensee in writing of any such noncompliance and if Licensee does not
cure the noncompliance within thirty (30) days of notice from City, the City may
terminate this Agreement. However, the City may, at its sole option, allow the Agreement
to remain in effect so long as Licensee has taken reasonable measures to cure the
noncompliance or is continuing to diligently attempt to remedy the noncompliance.
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
Tier II Easement Encroachment Agreement Page 3 of 13
PN22-00043
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
presently contemplated or not, that the parties agree to negotiate in good faith in order to
accommodate both the Encroachment and the public purpose.
9.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF
THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
10.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$1,000,000
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "E" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
Tier II Easement Encroachment Agreement Page 4 of 13
PN22-00043
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
third-party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
Tier II Easement Encroachment Agreement Page 5 of 13
PN22-00043
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 13
PN22-00043
City: Licensee:
CITY OF FORT WORTH Camp Bowie Real Estate, LLC
a Texas limited lia * it m any
ByDJ Ha�24,2022 12:53 CDT) By: /
D.J. Harrell, Director of the Name. aswi ;Randhawa
Development Services Department Title: Owner
Date: Jun 24, 2022 Date: 6/13/2022
By:
Name:
Title:
Date:
��`°°FORT°�'p��
O
ATTEST: P o . Approved As To Form and Legality
00 °°i`19
d
yannefit'e,S. Goodall �a�44?EXASoAp
Jannette S.Goodall(Jun 28,202213:58 CDT)
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date: Jun 28, 2022
Date: Jun 23, 2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Janie S. Morales
Development Services
Date: Jun 23, 2022
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY 13
PN22-00043
FT. WORTH, TX
***THIS PAGE FOR CITY OF FORTWORTH
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 24th day of
June , 20 22 .
Wendy L. Digitally signed by Wendy L.
Beardslee �P(tyP�e WENDY L BEARDSLEE
Date:2022.06.2412:58:02 Notary Public
Beardslee _05,00, _ y
* * STATE OF TEXAS
Notary Public in and for the State of Texas N�9� e Notary I.D. 13323719-3
OF
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
Tier II Easement Encroachment Agreement CITY SECRETARY 13
PN22-00043
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas , on this day personally appeared Jesswinder Randhawa CEO 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 (entity type), and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of
June , 2022
LUBNA BILAL
':Notary Public.State of Texas
Notary Public in and for the Comm.Comm.Expires 07-13-2022
P
4�,r,,,,.•State of Texas Notary ID 131642114
. � .. .. _
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY 13
PN22-00043
FT. WORTH, TX
EXHIBIT A
Description of the Licensee's Property
Being Lots G-R, H-R, I-R, &J-R, in Block 2, of Broadmoor, an
addition to the City of Fort Wort, Tarrant County, Texas,
according to the Map or Plat thereof recorded in Volume 388-47,
Page 652, Plat Records, Tarrant, Count, Texas.
Tier II Easement Encroachment Agreement Page 10 of 13
PN22-00043
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EXHIBIT B
Legal
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 11 of 13
PN22-00043
I ..
VOL
THE STATE OF TEXAS x I ,
X D E D I C A T I O N
COUNTY OF TARRANT x
'KNOW ALL MEN BY THESE PRESENTS, That CARL R; BRYENTON and
wife, THELMA BRYENTON, and CLARENCE SUTTON and RUFUS S. GARRETT,
Independent Executors of the Estate of MYRTLE DOCKERY BRYENTON, de-
,ceas-`, the Owners of the following described property, to-wit:
Lots A, B, C, D. E, & F, Block 2, BROADMOOR
ADDITION to the City of Fort Worth, Tarrant
County, Texas, according to the plat record-
ed in Volume 388-M, page 357, Plat Records of
Tarrant County, Texas; together with all land
adjacent to said lots by virtue of the vacation
of a street right-of-way adjacent to said lots; and
NOEL A; COHEN and wife, EDYTHE COHEN, the Owners of the following de-
scribed property, to-wit:
Lots G, H, I, & J, Block 2, BROADMOOR ADDITION
to the City of Fort Worth, Tarrant County, Tex-
as, according to the plat recorded in Volume
I388-M, page 357, Plat Records of Tarrant County,
Texas; together with all land adjacent to said
lots by virtue of the vacation of a street right-
of-way adjacent to said lots;
and do hereby adopt the plat attached hereto as our subdivision of said
property to be known and described as
Lots A-R, B-R, C-R, D-R, E-R, F-R, G-R, H-R,
I-R, and J-R, Block 2, BROADMOOR ADDITION to the
City of Fort Worth, Tarrant County, Texas;
and do hereby dedicate to The Public the utility easements as shown there-
, an. ,•
EXECUTED this the 19 M day of tt 1969.
N
i
� .
i _ CARL R: BRYENTO
1
THELMA 9RYENTON
CLARENC UTTON, I dent Executor of
J. the E to a Dockery Brye ton
�ecedsed.
,Is G ndbgg entBExec for of
ery rye n $eased.
� NOEL A H-• C Y/
TRUE AND CORRECT COPY OF-
ORIGINAL RECORD FILED IN• 'TARRANY COUNTY,TEXAS E
WY LOUISE NICHOLSON,COUNTY
.) it '�; - .}..;; 1 }� tiI jri�1 M14 'i... .Yl ' t. �.•h t� '.
IHE STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared CARL R; BRYENTON and
wire, THELlfA tTxiuriiJii, arxrin, to F 'c F-••-..- _.
subscribed to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and
consideration therein expressed.
Ottimi UNDER MY HAND AND SEKL OF OFFICE this the 1l.,k,*yJam_ +
p y 1969. .•^.,
/ s
NOTARY L ARRANF COUNTY, TEXAS. I.
l an
THE STATE OF TEXAS X ,
COUNTY OF TARRANT T
BEFORE ME, the undersigned, a Notary Public in and for said
:!rt AYNJ•r SUTTnN.
County and State, on cola day pc—.sa�Plly sp;. a.=- �- ,
Independent Executor of the Estate of MYRTLE DOCKERY BRYENTON, deceas-
1 y ed,known to me to be the person whose name is subscribed to the ore-
. .nd admawledaed to me that he executed the same for
goi a inst="�^r
the purposes and consideration therein expressed,and in the capacity
therein stated.
GIVEN UNDER MY NAND AND SEAL OF OFFICE this theocT, ,day of
C � 1969.
i!
i 'tfE STATE OFIry
YfY9 i X
O
U - BEFORE ME, the undersigned, a Notary Public in and for said
t U end State, on this day personally appeared noew
ependent Executor of the Estate of MYRTLE DOCKERY BRYENTON, decess-
i U U—
��•� JOr own to me to be the person whose none is subscribed to the fore-
. -.,..". .,.".r"..teA t1.n noma fI+T
F •W R instrunent, and aciarowieu'gau' .0'.A tat
F •�
C�>r""; purposes and consideration therein expressed, and in the capacity
.1Q krsin stated. - / -
sjj \ I.Onr�y mm>�w, Mp AIM WAL pp D nCE this tfia .............,
1969,
e�p�Al • � a�a GMrriri�jT i.a"L'C9A14— i
gut
,
VOL 380,.'654
THE STATE OF TEXAS X
COUNTY of TARRANT X
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared NOEL A: COHEN AND WIFE,
i
WME COHEN, known to me to be the persona whose names are subscribed to
the foregoing instrument, and acknowledged to me that they executed the
'sam for the purposes and consideration therein expresaed. II/I
+:•'•,'••. .GIVEN UNDER MY NAND AND SEAL OF OFFICE this the )9ttlday of
1969,
\.!/ '!'y2(% NOTARY PUBLIC,y TARRANE UJUNTY, TEXAS:
' I
TRUE AND CORRECT COPY O�
:ORIGINAL RECORD FILED IN
M RYANT M TEXAS
0 SENICHOLSON,COUNTYCLERK
Ali
� ^ TRUEAND'CIbftiT'COPY`OF
ORIGINAL RECORD F)LEQ '. ,
:'TARM I 1 COUNTY,TEXAS
•+E° WY LOUISE NICNOLSON,COUNTY CLf P
71
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+uv NOv..,( ,., ,)-1 .1, ..u,,. may•. np :I0f11 -
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NUIE:
"NO BUILDING PEAMRS SHALL BE ISSUED FOR
ANY LOT IN THIS PUT UNTIL PR(!VISiUt( IS
MADE FOR.THE CONSTRUCTION OF THE WATER,
CITY OF FORT WORTH,TEXAS ►AVINB rDIAI DRAIN,TS AND STRUT
API ICK l A CD AND
CITY PLAN COMMISSION TALKED FROM THE
NOTE: CITY OF FORT WC4*N"
THIS MI 15 VALIO ONLY IF RECORDED Inn"
✓ (IN MONTHS AFTER D(1T`(��yPp .�
S `•I—'• PUBLIC OPEN SPACE RESTRICTION
PLAT A►PR O.OAII. NO STRUCTURE OBJECT.OR PlAlli U1 .NY IYP[EXCEEDING tA"
DIj
IN HEI&J ABGVE IRE TOP OF T; L C,'•,B, INCLUD;HG,BUT NOT
LIMITED 10 BUILDINfS. :EHCtS, WALL. SIGNS. TREE,SHRUBS,CARS,
TRUCES,ETC.,MAY HEREAFTER BE PLACED OR PECONSTRUCTED IN
DY: THE PUBLIC OPEN SPACE EASEMENT AS SHOWY ON TIIIS PLAT.
I TRUE OPEN SPACE EASEMENTS Will.kEMAIN IN EFFECT UNTIL
VACATED BY ORDINANCE ADOPTED BY THE CITY COUNCIL 01 EOAF
MOIL AN THE PROPERTY REIUTTEO.
YOL ,388'
�,.�A'iA+nFVtl�+!f�A.• .iw,LF,r �FRAYii'SLRL'3 -✓ <.r 7�wa1GLLaiii<wrii��ii. 70�i��.�:�r..ir.
•f�T^
�...
y �i�y[� p FILED
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EXHIBIT C
Depiction and description of the
Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
PN22-00043
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EXHIBIT D
Franchise Consent
Letters
Tier II Easement Encroachment Agreement Page 13 of 13
PN22-00043
TMOS
energy
June 8"',2002
OFFICE MANAGER
M 5 KHAN
IBC CONSTRUCTION LLC
555, Republic Dr Suite 312-A
Plano TX 75074
Re: Encroachment Letter- IBC Construction, LLC
8112 Camp Bowie w Blvd
FORT WORTH, TX
Dear: Mr. MS Khan,
Upon your request, I have reviewed the Encroachment request regarding the Canopy and
have determined it satisfies the requirements of this office. Atmos does not have any gas
facilities in front of the above reference site. Atmos facilities are in the rear easement of
this property.
If you have questions, please contact me at(817) 988-8079.
Sincerely,
Z�g k6�-�
Bob Davison
Project Manager
Atmos Energy Corporation
Address,City,State ZIP
P 000-000-0000 F 000-000-0000 atmosenergy.com
0'0�
6ONCOR
Date: June 6, 2022
Customer 1 Contractor Name: IBC CONSTRUCTION LLC
Street Address: 555 Republic Dr, Suite 312-A
City 1 State/Zip: Plano, TX 75074
Re: X Encroachment: 8112 Camp Bowie Rd, Fort Worth, TX 76116
(Address) (Subdivision)
Dear Mr.Bascom :
have received your request to construct an overhead canopy at the above referenced location. A
portion of that storage shed 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. Based on state law however, please note that no portion of the proposed
canopy should be no closer than 10 feet to any Oncor electrical conductor. 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,pa ny questions or n d additional information, please contact the Oncor office at
(817) 434...
r
ince y,
Budd G. Rodgers, SRAIVA
7860 Winbrook Dr
Benbrook, TX 76126
432-234-9052
(Property Owner signature) (Date)
AT&T
AT&T Right-of-Way
13845 FAA Blvd.
Fort Worth,TX 76155
May 17,2022
Mohammad Habib
Royal Bengal Construction,Inc.
2019 Kenneth Hopper Drive
Mesquite,TX 75149
RE: AT&T Letter of No Objection —Construction of Overhead Canopy
Broadmoor Addition—Lots G-R,H-R,l-R, &J-R,Block 2—D221290254
Fort Worth,Tarrant County,Texas
Mr.Habib,
Southwestern Bell Telephone Company,d/b/a AT&T Texas,has no objections to the construction
of the overhead canopy on the property referenced above at 8112 Camp Bowie W.Blvd.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to,on and across the easement/right-of-way for installation, repairs,
replacement,or upgrades to facilities.
There could be overhead and/or underground facilities within the area. Exercise extreme caution
with respect to such facilities. Contact Texas811 for underground locates before any digging is
done. Costs of any damages to facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
Ray A.Garcia
AT&T—Manager OSP Planning&Engineering Design I Right-of-Way
Office:817-550-7576
rm.garciar;ratt.com
Spectrum>
Date
M S Khan
Office Manager
IBC Construction, LLC
555 Republic Dr Suite 312A
Plano,TX 75074
SUBJECT: Encroachment of 8112 Camp Bowie Rd, Fort Worth,TX
Spectrum Communications hereby grants a 10 ft encroachment for the purpose of overhead canopy into
a portion of the rear easement 10 ft General Utility Easement associated with the property located at
8112 Camp Bowie Rd, within the City of Fort Worth, Texas 76116. 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
EXHIBIT "E"
Certificate of Insurance