HomeMy WebLinkAboutContract 58463 Date Received: 11/15/22 Permit Number: PN22-00014
Time Received: 2:48 p.m. City Secretary No.: 58463
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER II
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and John E. Viola, Trustee of the
Rainman Trust Dated May 1, 2020, a Texas Trust, ("Licensee"), acting by and
through its duly authorized representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 4100 Ranier
Ct., Fort Worth, Texas 76109 ("Property"), being more particularly described in the
attached Exhibit"A"which is incorporated herein for all purposes; and
WHEREAS, the City owns or has an interest in a public utility easement (the
"Public Property") adjacent to the Property as shown in the attached Exhibit "B,"
which is incorporated herein for all purposes, and as recorded in Volume 388-G, page
141, Tarrant County Plat Records; 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
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 13
FT.WORTH,TX Revised 11/2020
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a perimeter fence (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
Revised 11/2020
5.
Upon termination of this Agreement, Licensee shall, at the option of and at no
expense to the City, remove the Encroachment and restore the Public Property to a
condition acceptable to the Director of Transportation and Public Works, the Director of
the Water Department, the Director of the Development Services Department or their
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
Revised 11/2020
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
homeowners Insurance naming City as certificate holder as proof that is has secured and
paid for a policy of homeowner's insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "C."
The amounts of such insurance shall be not less than
$300,000.00
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least thirty (30) days prior written notice to
the Building Official of the City. A copy of such Certificate of Insurance is attached as
Exhibit "E" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
Tier II Easement Encroachment Agreement Page 4 of 13
Revised 11/2020
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
Revised 11/2020
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
Revised 11/2020
CITY OF FORT WORTH Licensee:
`^ John E. Viola, Trustee of the Ramman
By.°J Harrel[(Nov 11,202217 02 CST) Trust Dated May 1, 2020, a Texas Trust
D.J. Harrell,Director of the
Development Services Department By:
Nov 11 2022 Name: John E. Viola
Date: Title: Trustee
0�44�nn� Date: 09.28.2022
a FORT a
pF°°°°°°°°°�y
Z�o °off►
° d
ATTEST: vg otp Approved As To Form and Legality
G o o Icy° ° 0000 o f
�a�u�slfe-S, coor7itCG °�atj rEXASoA 7
JannetteS.Goodall(Nov15,2o2214:41CST) ��nao4 y,
Jannette Goodall, Thomas Royce Hansen
City Secretary Assistant City Attorney
Date:
Nov 15,2022 Ordinance No. 24161-04-2020
Date: Nov 11,2022
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.
MAtf ri&a a"t 6ehidz4 g�
Matt Tillyon beha of(Nov11,2°221 :49C5T) (on behalf of)
Janie S. Morales
Development Services
Date: Nov 11,2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Tier II Easement Encroachment Agreement Page 7 of 13
Revised 11/2020
PAGE FOR CITY OF FORTI ' OFFICE USE 1
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 I Ith day of
November , 2022
Bichson Digitally signed by �PRYPV6 BICH SON THI NGUYEN
Bichson Nguyen i Notary Public
Date:2022.11.15 * * STATE OF TEXAS
Nguyen P Notary I.D. 133389224
13:38:16 06'00' 9�OF My Comm.Exp.Oct. 13,2025
Notary Public in and for the State of Texas
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 13
Revised 11/2020
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 John E. Viola, Trustee, 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 Rainman Trust, a Texas Trust, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of
tember, 2022.
JONIE M. COLEMAN
Notary Public,State of Texas
Comm.Expires 07-22-2026
+;
No Pu is in and for the Notary ID 124571392
State of Texas
Tier H Easement Encroachment Agreement Page 9 of 13
Revised 11/2020
EXHIBIT A
Description of the Licensee's Property
Tier II Easement Encroachment Agreement Page 10 of 13
Revised 11/2020
.*'co % Mary Louise Nicholson
• �, ��•: I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
now on file in the Official Public Records of Tarrant County,Texas. Digitally signed
To verify the authenticity of this copy please visit: r Z by Hoary Louise Nicholson
•• https://tarrant.tx.publicsearch.us/verifycert/DnrLUppa2 Date:2022.09.26
••� • * •'• ® 08:02:45-05:00
Page 1 of 4
D220104847 51812020 9:19 AM PGS 4 Fee: $31.00 Submitter: SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in Official Public Records
Mary Louise Nicholson
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT JOHN E. VIOLA ("Grantor"), for and in consideration of the sum of Ten and
No;100 Dollars ($10.00) cash and other good and valuable consideration paid to Grantor by
JOHN E. VIOLA, TRUSTEE OF THE RAINMAN TRUST DATED MAY 1, 2020, A TEXAS TRUST
("Grantee"), whose mailing address is 4100 RANIER CT., FORT WORTH, TARRANT COUNTY,
TEXAS 76109, the receipt and sufficiency of which are acknowledged and confessed, has
GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL and CONVEY unto Grantee all of the Grantor's right, title and interest of
whatever nature in the real property located in Tarrant County, Texas, that Grantor owns and his
sole and separate property, more particularly described on Exhibit "A" attached hereto and
incorporated herein,together with all improvements, fixtures,easements,rights-of-way,licenses,
interests, rights,and appurtenances appertaining thereto, if any(collectively,the"Properly").
This General Warranty Deed is executed by Grantor and accepted by Grantee subject to
validly existing and enforceable rights, interests and estates, if any do in fact exist, of third
parties of record in Tarrant County, Texas(the"Permitted Encumbrances").
TO HAVE AND TO HOLD the Property together with all and singular the rights and
appurtenances thereto in any wise belonging unto Grantee, its legal representatives, successors,
and assigns forever;and Grantor does hereby bind itself,its legal representatives, successors,and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the
Permitted Encumbrances,unto Grantee, its legal representatives, successors, and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
ANN VIOLA, the wife of Grantor ("Spouse"), hereby joins Grantor and executes this
General Warranty Deed below for purposes of conveying any rights Spouse may have in the
Property,including,but not limited to,a homestead right in the Property,
3096438 1
•• coUN% Mary Louise Nicholson
• ��•. I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
t now on file in the Official Public Records of Tarrant County,Texas. Digitally signed
To verify the authenticity of this copy please visit: r� fi -,�; by Hoary Louise Nicholson
https://tarrant.tx.publicsearch.us/verifycert/DnrLUppa f, Date:2022.09.26
••••� • * •'• 08:02:45-05:00
Page 2 of 4
WITNESS THE EXECUTION HEREOF as of the 1"day of May,2020,
GRANTOR
qEJOHNLA
Vic,
ANN VIOLA
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of 2020,
by JOHN E.VIOLA.
%in
�TelColeman'
lic,State of Texas
My Commission Expires: July 22,2022
STATE OF TEXAS § �`,1AV pV I� JONIE M.COe of Taxas
?=P' $ Notary Public,State
§ z-M*; c Comm.Expires 07-22.2022
COUNTY OF TARRANT § =;9 'oF ;' Notary 19 124571392
This instrument was acknowledged before me on the 1 day of 2020,
by ANN VIOLA.
lieiPlic, State of Texas
. oleman
on—M-11c)
My Commission Expires: July 22 2022
JONlE M,COLEMAN
n?' �o$Notary Public,State of Texas
=s' +rc Comm.Expires 07-22-2022
Notary ID 124571392
3096438 2
X'couNT•% Mary Louise Nicholson
• �, ��•: I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
now on file in the Official Public Records of Tarrant County,Texas. Digitally signed
To verify the authenticity of this copy please visit: r Z by Hoary Louise Nicholson
•• https://tarrant.tx.publicsearch.us/verifycert/DnrLUppa2 Date:2022.09.26
••� • * •'• ® 08:02:45-05:00
Page 3 of 4
After Recording Return To:
Dee Steer
201 Main Street,Suite 2500
Fort Worth,Texas 76102
3096438 3
X'couNT•% Mary Louise Nicholson
• �, ��•: I do hereby certify that this is a true and correct copy of the original record Tarrant County Clerk
now on file in the Official Public Records of Tarrant County,Texas. Digitally signed
To verify the authenticity of this copy please visit: r Z by Hoary Louise Nicholson
•• https://tarrant.tx.publicsearch.us/verifycert/DnrLUppa2 Date:2022.09.26
••� • * •'• ® 08:02:45-05:00
Page 4of4
EXHIBIT"A"
Block 44,Lot 14,Westcliff Addition to the City of Fort Worth,Tarrant County, Texas, more
commonly known as 4100 Ranier Ct.,Fort Worth,Texas 76109
3096438 4
u a6-I/ME' 3s�r� �r
so\ Map of
\� I �� Lots 6tol4,block42 and blocks 43to45,
\ /o
WEST CLIFF
an Addition in
FORT WORTMJEXA&
o'o \�/ \\\s Surveyed in October,1950.BRO0NE95AXER,UrYcY0M.
e
' _ /` <>• \\\ °� \�\ /:ze Approved:-.-/g_24=50
h<.RIi Co:_su0. \✓/ �14 CITY PLAN COMMISSION
J.MO♦ReA e .--SuTY EXAS•
Thm ra) is velid a ly it reed within
Q1! I'f V\ /tr/ \ 610 •IM(6)menihb of del6 0/o.aDl'OVoI.
°� \\a FR °
S
I9 \ac yS3a \\y!fO \Y 4k
3
r�\'cti e \ 7 ""ram_ `"Ow'/ ,' T• /:
5 �\ \
ire.\\
21 y,
Wy III
a\\ .5e2rdOW !-; I I I-; '' F =:: ■ 21.^ � °oa3 y?i
K
6 > 23 U I S
z„bl 9S1_Y n 1 la*. �,,y a G, .we $ LAMBERT AVo i`\ ywa^"�5`�
S } ' \
oaVl is zoE'$p $� s,mE ilt 22�` �>yA loo o oo
�,y I �, 4 o N rYs'
z ti-+ I r0 m s to ^11 12 \
6 hz 20 I a \
1 I 7 I$ a I�d'e ZSEtI 29 I .#o Loke I to7 block 42 N Z ° I 'I^'"
_ E9
5i �I w1 : g21 09. !
I giv34 z3\�� � - SO UT�H DRIVE m
1140
A�•
1 fw3v:l 1 `6,r i
141
\ ee Exhibit A
\ \ \ \ Sllt'r'•. - 0.. 30, 80, 9o, izo, 150' �.
O� \ b699
6 GRAPHIC SCALE IN FEET
O o \ \ (I
1 \
w /
_�3 \ \ 00 seN',m/a9 sc O/�T
\ , �e+! ✓ \ \ � elk �30' r --- -- �� - -
1
108/99 r/ O
eo 3ee \ a9 200' /
RIm AMfvn
ae,m a'g41 K \ \ 3• - - r
5- oerC 57o1ry�sE. m I, smx< � �R
Q G�ES< _ floe p,Ace \
8'cedar picket fence \ /
with metal post Iff"N�.
w sm. t'op1- _ S 5751'40' E -(. 24
w 31.38'
3 F ,ypy fylD. P.P
A W\o. Y sloe- am.as RE
n s� oio?s woos slave l� - a9 s s
18 m s°ME. ,ao• atl Q
3 I ro sss ® 2aa u a PENCE 'tu
ch
SILO
Z 51Ga+ aG� :,.a 44
w m� t7 W. gd S,oNE Q
!W
.4
u 2 � !
Uo" N
waP r "` - '-
44 LOT 1 4'
72r4.87 I p ss.❑ae t 388—Cr2(,4,
B' UTIL. ESArr.3 jas_iGg�gg � I. Fp0 '� 1
hN1:3e7. .. _—__ UNfc 70'UOL. ESA1T. 3S8_ ' -
_
32 sun lN+.o3
88-21 see_2,/,a SMT. ) ° '� -�75362a - awe I
�1 g as•a GP 'P_M- �790�00. - p. - - Iw'`/.
IOFNOE nr5769vE1'M. to % 1
INe31t-19 �$ ' 15
` 9y/ ^
SURVEY MAP OF
NOTES: ` LOT 14 BLOCK 44 WE',STCLIFF � \BOG s
AN ADDITION TO THE CITY OF FORT WORT , \
1)eean ga based apon ors a med (TARRANT COUNTY), -TEXAS St t PI ne C rd note Sysi T � r
North Central Zone,NAD 83 ACCORDING.TO THE PLAT THEREOF.RECORDED IN VOLUME \ -s�
2e8Th b
th r et property by led It
x(nehod d) 388—G, PAGE 141, OF THE TARRANT COUNTY PLAT RECORDS.
determined to be outside the2X 1
hanoe noedpla n a depleted by Fleotl Fret erlaan Thu.In....-company Commitment f TN<Insurcnce GF
Insumna.ptember 25,2009.Rate Map No.48439CO285K,Mop - No.1AT008-154824—R7T was Utilized in the prepora8on of this survey map.
doted Se
hereby ertify to John-E Ywla,and to-public Tills and Fast American title
Insumnee Comparrytlwm the survey mop hereon depicte the resuas or a r",mode n
the ground, nder y perviaion,. d that iaib1,impmvemenffi found on the
property are depicted,chat visible eoaemerda and those made known to us are
depicted,and that visible intrusions and protrusions ac s,..boundary lines are
depleted as detected by su"ey.The corners marked or mr—ced as shown - -
hereon.
G Cl1m SURVEYORS.LLC -
i9PLS.
AA odginol copies of survey maps and dexdptione i?.• nr<
I".q theaan tar and rum wlm,e
hereon 11 contain an emossed b rve)xx8 1.MY ,�
mop a tlearnpti copy wMaut Mat b ecd seal G CURTIS SURVEYORS,LLC- ..
s IikdY a copy t prapmed the. it f the -' -- - TB.P.L.S.Surveying_Frm No.1019422
surveyor oM y tam otter G deletions. - GeralpA:-Ou" .RPLS" /J!1/ _ - P.O.Box a7,787 -8,7/334-0381
made wimout th knowledge or oversight of the - T zee-(jst[at n ya.1840/'IY PPP%%%surveyor Fort Worth,Texas 781 47-1 408
17-01-05735
99-R-9'
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 12 of 14
Revised 11/2020
Exhibit B
d Va6 I/ME' 3X-g- C,
' of
Lots Btol4,block42 and blocks 43to45,
\ /o
WESTCLIFF
//��/ 'I �� on Addition in
FORT WORTH,TEXAS.
\ � �r�ra '/\ o'o \�/ \\\s Surveyed in October,1950.BROONES BAXEe,Surveyon.
inch-100ft.
e
Approved:-.-/g_24=50
,!/ \` '� �\ O 9._ h<.RIi Co:_su0. \✓/ �14 CITY PLAN COMMISSION
iT..l'MO♦AM_e .--SUi'Y\ —:.. s"", 4 1 ORT W EXA5.
o \ ,� —
/
Q!! ^^R i g,I \\S. 17 V\ /�</ \ 610 six�6)men�hb of del6 0/o.aDl'OVoI.
/ o \\a FR ° n > Q,''
jo
CO
3
d'�= ti e \ 7 ""ram_ `"Ow'/ ,' T• /:
ire.\\
\ \3 �\ m� 6 =i L 21 W ' IorvE°"
y
a\\ .5e2rdOW !-; I I I '' F =:: ■ 21.^ °oa3 y?i
3 \ .y \ .......k .nt.
LAMBERT
oaVl !s z°E'$p 22 `,�gc„yA loo
N rYs'
�- 1 ! � :5•s>q >>o Eel l a
1 I� 7
-Z` —_�L—�--
IIIB I� \NBMI to So so I ,vE
_ E9
5i �I w1 : g21 09. !
SO UtH' DRIVE m
- �m i i j9 \ a`B a mPa�• %, �_
1 fw3v:l 1 `6,r i
141
O \ \ \ Vic, '-. a• 3p,
O � „'w - _ GRAPHIC SCALE IN FEET ( )
\: \ 6 /
17 / +w
a 48 398-108/99 Q
y K
�c3�..I B1arE MNls Ilk, \ \ 8 l� - - 7• l 4
Am
0
5- o p14E� 1K7"'-. .soma fss,r4a
4
WPxofaMOE L0GMX1 \ -\ /�' Gn -
°' 8'cedar picket fence
ale ae xaa,�
with metal post
a I - M . wars w,u1 Pam" S 5751'40" E / 24
w 31.38'
eoa n ARC—
5/9'Ixarl aaD Fle0. P.P RE
RE
S� aQICE (�•)-
200'
IL 1a"�?eK fFxCE
oil ZI)
SfaHE
M e
38 I n ass ` a '� Dp�1a6 e. (j
c�
at. acre
Q\ a 3 2 y n S 44 k Sae G/141
a l C. LAJ
SS. PN said
o, O
Co /� 76. �1 �. ^. O-
v i fA '
2 s� M
m 44' LOT 14 ' N
awcx
aauMx
e'aa.Uric wm
13
bI sea-c/1a1
.4�
f— "nL. vI I m�
f1( .3 j88-108/99 q� ... 1
I
�
TO' UAL ESMT. 388-G 141
32 5'unL le4.oa0 \
88-21 •Tae_z,4j,aM7. 0.5M
` -S 75�g,2i aim
�< I INRtt"7EIE _�R 0)1 AMC S(p-NeyIL I AO - G1
_ Bak. I. I. ,.0•N, .. :>� S�R1' -_ __ moo. x4
� mI W r 28' - /�
3e8 214-19' WI$ I-i 15
r 388-0/141
'� Iin
SURVEY MAP OF
NOTES_ LOT 14, BLOCK. 44, WEE;S'TCUFF, \BOG - s
AN ADDITION TO THE CITY OF FORT WORM,
a
StB%ge boa upo -GPS dewed
st t PI c m be Syet T (TARRANT COUNTY), -TEXAS,- - -
North CeMrol Z MAD 83 ACCORDING:TO THE PLAT'THEREOF.RECORDED IN VOLUME \\ (107
-2)The b etop rty byled 1ton
388-Q PAGE 141, OF THE TARRANT COUNTY RECORDS.
- -
li a th PrX( h d d) G�
a—
dabohnined to be s xl th 2% , \.
h ce 800dplain a depicted by Flood Fret American Title Ina Co pony Co mitment f This I sumnce
1 vuronte Rate Map No.48439CO285K,Map - No.1008-154824-RR was u8lrzed n the preparation of this survey map. -
dated-September 25,2009.
-1 hereby certify to John-E..Viola,and to Republic Title and Frst American'Ti le
insurance Comps�y t the survey map hereon depiam the revues of o trey made on L
the ground, nder my s perviv,on,.and that 'aible Improvements fo don the
Property
arc depicted,that visible easements d those ode know t -
depicted,and that vi-ble'ntmalanv and protrusions s.boundary 1 are
dePitted as detected by survey.The corners am rcwrkea or referenced as shown - - -
hereon. -
G CURTIS SURyEI'ORS,,LI.0 - -
TBPlS Flrm No. 0i9 2 - .
A9 ng I copies of survey maps and dexnpt'ons F
prepared the sun for and fum ahme name appear
herb II rontain embossed surveyor's {*`/7,�/''{^/�/ - - --
D dearnption copy wi0aat�thot embossed seal - ,/y ^✓ /�`t G % G S.Sur yangSUR riORS.LLC ..
I kely copy of prepared th offce of the: / TB.P.L:S.Surveying_Finn No.10194
rveyor aM may contain aeereb or deletion°. Geraltl A.C rt RPLS /�J�n P.O.Box 471787 817/334-0381
made withouk the knowledge 'ght of the - Texas Registt ton No.1840�6
surveyor Fort Worth,Tezas 78147-1408
17-01-05735 -
9q-R-99
EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 13 of 14
Revised 11/2020
goo'
s t
$ s �l'� a ykh ~ r 17
Ap. � zoo' -
Fence encroaching
Utilityeasement
a
4
5'cedar pic€re_fence
e' Wit mete6post
a i me.rl z s MIW a r g�
31.3e"
2DO' 65' poa
d � � �� � � per• F-
3
a —
�r� L
$ CAI 5PIC,
44
"$I �Ir
ti
j I
og'�- a` c,�,N r cz
26g
lx�
yRwMd co�n4 m d x�
-raAg l o
a--<Le
EXHIBIT D
Consent Letter from Utility Companies
Spectrum
02/20/2022
Dakota Marshall
Magnolia Fence& Patio
6080 S Hulen St,Suite 360 Box 197
Fort Worth,Texas 76132
SUBJECT: Encroachment of 4100 Rainer Ct, Fort Worth,TX.
Spectrum Communications hereby grants a 5' encroachment for the purpose of building a fence into a
portion of the 5' front General Utility Easement associated with the property located at 4100 Rainer Ct
within the City of Fort Worth,Texas 76179. Spectrum Communications reserves the right to have access
to any applicable utility easements on the propertyforthe 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
tNC,,Q R
Date: February 03, 2022
Customer Name: Magnolia Fence Company
Street Address of encroachment: 4100 Ranier Court
City/State/Zip: Fort Worth TX 76109
Re: X: Block wall encroaching into 5 foot Utility easement, LOT 14 BLOCK 44, WESTCLIFF
ADDITION, an addition to the City of Fort Worth, Texas (VOL. 388-G, RAGE 141, TCPR)
Dear Dakota:
I have received your request to place an 8 foot privacy fence within a 5 foot platted utility easement
at the above referenced location in which a portion of the wall will encroach into the Utility
Easernent. The site has been inspected and has been found to have no impact on our facilities.
Oncor does have facilities located within the above mentioned easement. 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 if electrical facilities are ever placed in the easement area and they need to be
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.
If you have any questions or need additional information, please contact the Oncor office at
(817) 44 34.
Budd . gers, SR/WA
7860 Winbrook Dr
Benbrook, TX 76126
432-234-9052
AT&T Texas
a}p} Randy Roberts Phone: 469-371-9893
`O[` 13845 FAA Blvd Fax: 817-338-5106
Fort Worth,TX 76155
January 31, 2022
Dakota Marshall
4100 Rainer Ct
Fort Worth, TX 76109
Re: Encroachment Permission Letter
Lot 14, Block 44 Westcliff Addition
4100 Rainer Ct Fort Worth, TX 76109
Dear Dakota Marshall,
Your request for permission to place an 8' cedar picket fence with metal post in a 5'-foot-wide
Utility Easement on the north, west, and south sides of your property has been reviewed by our
Engineering Department. AT&T has no objections to the fence placement work provided you
take all the necessary precautions to locate all utilities in the easement. Should we ever need to
work in the Utility Easement in the future, we will not be responsible for damage to encroaching
facilities. If you have any questions, please feel free to contact me at 469-371-9893.
Sincerely,
Randy oberts
Manager-Engineering (ROW)
469-371-9893
EXHIBIT E
Certificate of
Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Revised 11/2020