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
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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.
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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.
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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.
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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
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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
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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
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EXHIBIT B
Depiction of the Public Property
Tier 11 Easement Encroachment Agreement Page 11 of 13
PN22-00094 312022
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 13
PN22-00094 3/2022
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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
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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
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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