HomeMy WebLinkAboutContract 59352Date Received: 5/8/2023
Time Received: 12:22 p.m.
Record Number: PN22-00181
City Secretary No.: 59352
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, Assistant City Manager, or
Director of the Development Services Department, and Northwest Independent School
District, a public school district ("Licensee"), acting by and through its duly authorized
Board of Trustees.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2200 Texan
Drive, Fort Worth, Texas 76247 ("Property"), recorded in Deed Records, by Instrument
Number Volume 147, Page 995, Deed Records of Denton County, Texas, filed in Cabinet
U, Page 188, Plat Records of Denton, County, Texas, 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 the deed records
of Denton County, as D2019-116167 and D2002-R0004709 in the plat records of
Denton County; 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
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OFFICIAL RECORD
CITY SECRETARY Page 1 of 15
FT. WORTH, TX Revised 12/2022
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "C," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a sanitary sewer line (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.
9
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.
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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 Nine Hundred Dollars ($900.00).
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
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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.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMUNITY, 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. TO THE
EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING ITS
GOVERNMENTAL IMMUNITY, 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
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Exhibit "E" and incorporated herein for all purposes. Licensee agrees, binds, and
obligates itself and its successors and assigns to maintain and keep in force such public
liability insurance at all times during the term of this Agreement and until the removal of
the Encroachment and restoration of the Public Property. All insurance coverage
required herein shall include coverage of all Licensee's contractors and subcontractors.
11.
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
Tier II Easement Encroachment Agreement Page 5 of 15
Revised 12/2022
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
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
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Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 15
Revised 12/2022
City:
CITY OF FORT WORTH
By: DJ Harrell (Apr26, 202314:04 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Apr 26, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: May 8, 2023
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Licensee:
NORTHWEST ISD
By:
Name: Dr. Anne Davis -Simpson
Title: President, Board of Trustees
Date: APRIL 10 2023
By:
Name. Dr. lian Rauch
Title: Secretary, Board of Trustees
Date: APRIL 10 2023
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Apr 26, 2023
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.
R&- OCCA' n5'U s-Oxvn'
Rebecca Diane Owen (Apr 26, 2023137 CDT)
Rebecca Owen
Development Services
Date: Apr 26, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 15
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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_26th day of
Apri 1 2023 .
Wendy L. Digitally signed by
Wendy L. Beardslee
Beardslee Date:2023.04.26
14:12:47-05'00'
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
o�pRy P(WENDY L BEARDSLEE
z Notary Public
* * STATE OF TEXAS
Notary I,D. 13323719-3
�9TFOF My Comm. Exp. July 28, 2025
Page 9 of 15
Revised 12/2022
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Dr. Anne Davis -Simpson, President, Board of
Trustees, 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 Northwest ISD and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of April,
2023.
AMA" Ee""-
tary Pu c in and for the State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
N
JENNIFER ROBERTSNotary ID sion#10Expir69430
My Commission Expires August 8, 2025
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Dr. Lillian Rauch, Secretary, Board of Trustees,
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 Northwest ISD and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of April,
2023.
-------------
lit,—a
JENNIFER ROBERTS/Notary ID #10669430ary Pu �c in and for the State of Texas My Commission Expires August 8, 2025
Tier II Easement Encroachment Agreement Page 10 of 15
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EXHIBIT A
Legal Description of the Licensee's Property
Tract 1
All that certain tract or parcel of land lying and being situated in the Charles Tyding Survey, Abstract No.
1276, the H. C. and W. T. Sloan Survey, Abstract No. 1533, the R. Matany Survey, Abstract No. 878, and
the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a part of a certain 325.730 acre
tract described in the Trustee's Deed from Wade Starr, Substitute Trustee to Mrs. Mildred M Segall and
Mrs. Beatrice W. Weil on the 2nd day September, 1974, and recorded in Volume 756, Page 578, Deed
Records of said county.
Tract 2
All that certain tract or parcel of land lying, and being situated in the W Sample Survey, Abstract No. 1207,
Denton County, Texas, being a part of a certain 325.73 acre tract described in a Trustee's Deed From Wade
Starr, Substitute Trustee to Mrs. Mildred M Segall and Mrs. Beatrice W. Weil on the 2nd day September,
1974, and recorded in Volume 756, Page 578, Deed Records of said county.
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Revised 12/2022
EXHIBIT B
Depiction of the Public Property
Tier II Easement Encroachment Agreement Page 12 of 15
Revised 12/2022
Denton County
Juli Luke
County Clerk
Instrument Number: 116167
ERecordings-RP
EASEMENT
Recorded On: September 17, 2019 08:19 AM
Number of Pages: 8
" Examined and Charged as Follows: "
Total Recording: $54.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 116167 eRx
Receipt Number: 20190917000040
Recorded Date/Time: September 17, 2019 08:19 AM
User: Connor B
Station: Station 10
STATE OF TEXAS
COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX
Lot 1, Blk 1, Northwest I.S.D. Addition
CPN 102188 & 102189
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
CITY OF FORT WORTH
PERMANENT WATER FACILITY EASEMENT
DATE: June 10, 2019
GRANTOR: NORTHWEST INDEPENDENT SCHOOL DISTRICT
GRANTOR'S MAI LING ADDRESS (including County):
2001 TEXAN DRIVE
JUSTIN, TEXAS 76247
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY: All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276,Denton
County, Texas, being part of Lot 1, Block 1 of Northwest I.S.D. Addition, recorded in Volume U,
Page 188 of the Plat Records of Denton County, Texas (PRDCT), and being more completely
described in Exhibit "A."
Grantor, for the Consideration paid to Grantor and other good and valuable consideration,
hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive,
perpetual easement for the construction, operation, maintenance, replacement, upgrade, and
repair of a Permanent Water Main Facility, hereafter referred to as "Facility". The Facility
includes all incidental underground and aboveground attachments, equipment and
appurtenances, including, but not limited to manholes, manhole vents, lateral line connections,
valves, pipelines, water meters, junction boxes in, upon, under and across a portion of the
Easement Property and more fully described in Exhibit "A" attached hereto and incorporated
Permanent Water FaWily Easement
Rev. 0111812017
FoRTWORTH.
herein for all pertinent purposes, together with the right and privilege at any and all times to
enter Easement Property, or any part thereof, for the purpose of constructing, operating,
maintaining, replacing, upgrading, and repairing said Facility.
In no event shall Grantor (1) use the Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be
erected within the Easement Property a permanent structure or building, including, but not
limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other
structures that require a building permit. However, Grantor shall be permitted to install and
maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement
Property. Grantee shall be obligated to restore the surface of the Easement Property at
Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or
similar surface improvements located upon or adjacent to the Easement Property which may
have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use
of the Easement Property granted hereunder. Provided, however, that Grantee shall not be
obligated to restore or replace irrigation systems or other improvements installed in violation of
the provisions and intended use of this Easement Property.
TO HAVE AND TO HOLD the above -described Easement Property, together with all and
singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successor and
assigns to warrant and forever defend all and singular the Easement Property unto Grantee, its
successor and assigns, against every person whomsoever lawfully claiming or to claim the
same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Permanent Water Facility Easement
Rev. 0111812017
FaR_ T -
GRANTOR:
J
B Judy Co , P ide
`47—
Northwest ISD Board of Trustees
THE STATE OF TEXAS §
COUNTY OF TARRANT §
GRANTEE: City Fort Worth
By (Signatur
eveProperty ement Director
(Print NameM
APPROVED AS TO t RM AIyQ LE LITY
(Signature) \y
(Print Name) Jessica SaLSVar,Wist2rjt City Attomey
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Judy Copp, known to me to be the same person whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Judy Copp and that she executed the same as the act of said Northwest ISD the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this f�� day of
20_Lq
I el
+THY .i1 i BRENDA L, WITHERS
Notary Public in and for the State of Texas
°_ t• My Notary ID # 47797136
Expires February 13, 2021
Permanent Water Facility Easement
Rev. 01/18/2017
FORT�WORT,_H.
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Not Public i nd f r the ate of Texas,
on is days ers Wally appeared ,
of the City of Fort Wort ,known to me to the same person
w os name subscri to the foregoing instrument, and acknowledged to me that the same
was the act o 'the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated. �p
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I T day of
2011
Notary Public in and for the State exas
�N D�¢M,�
iD # 125574 39-9 t '4
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Permanent Water Facility Easement
Rev. 01/18/2017
Foe. T_ OH.
GOODWIN a CIVIL ENGINEERS - PLANNERS - SURVEYORS
MARSHALL
EXHIBIT "A"
LEGAL DESCRIPTION FOR
16 WATER EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, the Charles Tydings Survey, Abstract No. 1276,
Denton County, Texas, eing part of Lot 1, Block 1 of Northwest I.S.D. Addition
recorded in Volume U, Page 188 of the Plat Records of Denton County, Texas
(PRDCT), and being more completely described as follows, to -wit:
BEGINNING at a 5/8" capped iron rod found stamped "DUNAWAY" for the
Northeast corner of a called 53.173 acre tract des c ibed in a deed to HEUS
Alliance LLC recorded in Instrument No. 2019-2244"of the Deed Records of Denton
County, Texas (DRDCT), and Pe Northwest corner of a called 18.507 acre tract
described in a deed to Nort west Independent School District recorded in
Instrument No. 2018-109099 (DRDCT), and being in the South line of said
Lot 1, Block 1, from which a 5/8" capped iron rod found stamped "DUNAWAY" for
an ell corner of said 53.173 acre tract and an ell corner of said Lot 1, Block 1 bears
South 89 deg. 12 min. 13 sec. West - 900.68 feet and from which a 1 /2" iron rod
found for the most northerly Northeast corner of said 18,507 acre tract and an ell
corner of said Lot 1, Block 1 bears North 89 deg. 12 min. 13 sec. East - 849.13 feet;
THENCE South 89 deg. 12 min. 13 sec. West continuing along the South line of said
Lot 1, Block 1 and the North line of said 53.173 acre tract, a distance of 15.00 feet;
THENCE North departing said North and South lines, a distance of 143.14 feet;
THENCE North 45 deg, 0 min. 0 sec. East, a distance of 14.75 feet;
THENCE North 89 deg. 16 min. 43 sec. East, a distance of 337.79 feet;
THENCE North 44 deg. 16 min. 43 sec. East, a distance of 57.93 feet;
THENCE East, a distance of 570.71 feet;
THENCE South 45 deg. 0 min. 0 sec, East, a distance of 27.00 feet;
THENCE East, a distance of 62.17 feet;
THENCE South, a distance of 15.00 feet;
THENCE West, a distance of 68.38 feet;
E:\10822 - Hines FM 156\Cogo\GM EASEMENTS\WATER\WEl.dwgpp��(� p�
TEXAS • 2405 Mustang Drive • Grapevine, TX 76051 • 817.329.4373 • TBPLS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, TN 38115 • 901.881,9188
ARIZONA • 2705 South Alma School had, Suite 2 • Chandler, A2 85286 • 602.218.7285 COLORADO • 0400 E. Prentice Ave. • Greenwood Village, CD 80111 • 303.459.4861
GOODWIN" CIVIL ENGINEERS - PLANNERS - SURVEYORS
MARSHALL z
THENCE North 45 deg. 0 min. 0 sec. West, a distance of 27.00 feet;
THENCE West, a distance of 558.18 feet;
THENCE South 44 deg. 16 min. 43 sec. West, a distance of 57.82 feet;
THENCE South 89 deg. 16 min. 43 sec. West, a distance of 339.63 feet;
THENCE South, a distance of 138.42 feet to the POINT OF BEGINNING, containing
18,013 square feet or 0.414 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate System, North Central
Zone (4202), North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof,
sr2512019
E:\10822—Hines FM 156\Cogo\GM EASEMENTS\WATER\WEI.dwg sftaaQ 2 a 3
TEXAS • 2405 Mustang Drive • Grapevine, TX 76051 • $17.321.4373 • TBPLS #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, TH 38115 • 901.881.9189
ARIZONA * 2705 South Alma School Road, Suite 2 • Chandler, Al 85286 • 602,210.7285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4$61
LINE TABLE
LINE #
BEARING
DISTANCE
Li
N00000'00"E
143.14
L2
N45"00'00"E
14.75
L3
N44016'43"E
57.93
L4
S45000'00"E
27.00
L5
N90000'00"E
62.17
L6
S00000'00"E
15.00
L7
N90°0010011W
68.38
L8
N45000'00"W
27.00
!9
544016'43"W
57.82
L10
S00000'00"W 1
138.42
L2
885.68'
S 89012' 13" W
N 89°12'13" E
"DUNAWAY"
s Tn)rNGs SUrtVET,
GSA �sT�'eT Np, 1 276
LOT T, BLOCK 1
NORTHWESTI.S.D. ADDITION
VOL. U, PG. 188 0 200
P. R. D. C. T
SCALE IN FEET
15' WATER EASEMENT
18,013SQ. FT. / 0.414AC.
337.79' N 90000'00" E 570.71' �
N 89016'43" E 1b........ 11 ,, , L5
q N 90°00'00W 558.18' L8
S 89016'43" W A-1276 APPROXIMATELOCATION L7_
0 339.63' A-1207 OF, ABSTRACT LINT
J N 89012' 13' E 849.13'
I
NWOINT OF
I BEGINNING �
5/8" C.I.R,F.
"DUNAWAY"
WU�
LQ
U CALLED 18.507ACRES
NORTHWEST INDEPENDENT SCHOOL DISTRICT
Q N q INST. NO.2018-109099
D.R. D.C.T.
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sUR17EY
1VjLLrAM s 1 �T N
An. 1207
B,�TI�
EXHIBIT "A" MAP SHOWING
15' WATER EASEMENT, SITUATED IN A PORTION OF THE
WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207
CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
77 /0 1 Job No.: 108221 Scale: 1°=200' 1 Sheet
ARSHALL 9
CIVIL ENGINEERS -- PLANNERS - SURVEYORS
2405 Mustang Drlve, Urapevine, Texas 76051
(317) 329 - 4373
TAPE REGISTRATION X F-2944
TBPLS # 10021700
Drafted: D,M.D, I Checked: JXR,
Surveyed on the Ground: 10/22/2018 of
Date Prepared: 5/14/2019
L6
BEARINGS ARE REFERENCED TO I
TEXAS STATE PLANE COORDINATE
uw
SYSTEM, NORTH CENTRAL ZONE
(4202), NORTH AMERICAN
DATUM OF 1983 AS DERIVED
FROM GP5 OBSERVATION.
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JOHN N. ROGERS
..A.. 6372 v:
•' AC�E5S�0, Q
Revised: Revised: Date Signed: 5/23/2019
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EXHIBIT C
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 13 of 15
Revised 12/2022
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EXHIBIT D
Franchise Consent Letters
Tier II Easement Encroachment Agreement Page 14 of 15
Revised 12/2022
AWNTMOS
energy
March 9, 2023
NISD-Pike Middle School
2200 Texan Dr.
Justin, Texas 76247
Re: Utility Encroachment — 2200 Texan Dr Justin, Texas, Denton County in the Northwest ISD Addition.
Ms. Mullen:
Please be advised Atmos Energy does not oppose to your proposed Utility encroachment located at 2200
Texan Dr Justin, Texas, and it will not impact our services.
We recommend to contact 811 which is a free service to locate all underground utilities on your property
regarding any future projects for safety purposes.
If further information or verification is needed, please let me know.
Kind Regards,
--------------
�6an Trujillo
Right of Way Agent, II
972 469-5549
donald.truiillo@atmosenergy.com
Atmos Energy Corporation
5420 LBJ FRWY, Dallas TX 75240
AT&T Texas
a}L&t p } Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
March 20, 2023
RE: Denton County — 2200 Texan Drive, Fort Worth, TX
Utility Easement Encroachment Request
Northwest I.S.D. Addition, Block 1, Lot 1
In response to the request for the encroachment on a portion of the 10-ft utility easement in the
northeast quadrant of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas,
has no objections to the requested encroachment for force main crossing as highlighted on the
attached sketch.
Plat found in Denton County Clerk File Recorded in Cabinet U Page 188.
It is not the intent of this letter to waive any rights granted to AT&T in the easement 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
Please let me know if you have any questions.
Sincerely,
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
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03/09/2003
Amanda Mullen
Senior Project Manager
TNP
5237 N. Riverside Drive, Suite 100
Fort Worth, TX 761377
Amanda,
Upon your request, I have reviewed the location of electric facilities near your project site. CoSery
Electric does not object to the encroachment located at the property listed above. Verification of the
electric line can be obtained through 811 Call Before You Dig. Any damages caused to CoSery facilities
due to such encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at bhargrave@coserv.com or 940-390-6486.
Sincerely,
Brant Hargrave
Manager of Engineering Services
CoSery Electric
7701 S Stemmons • Corinth, TX 76210-1842 • Phone (940) 321-7800 • CoServ-corn
® tosm "M om wo m wow. cos 5027
Spectrum®
March 16, 2023
Amanda Mullen, PE
Senior Project Manager
TNP Inc.
5237 N. Riverside Dr, Suite 100
Fort Worth, TX 76137
SUBJECT: Encroachment of Gene Pike Middle School, Northwest ISD Campus at SH 114 and FM 156,
Fort Worth, TX
Spectrum Communications hereby grants a 10'ft encroachment for the purpose of constructing a 4"
forcemain into a portion of the general easement 10'ft General Utility Easement associated with the
property located at the Northwest ISD Campus at SH 114 and FM 156, within the City of Fort Worth, Texas.
Spectrum Communications reserves the right to have access to any other 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 does not have 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 forcerelos@kinetic-eng.com. Please
share this information with whoever needs these services.
Sincerely,
Sae tr _ ►
Troy Hopson I Business ❑evefopment Specialist 1(0)817-298-3554 Cell 682-999-2989
8545 Airport Freeway #1081 North Richland Flills I TX 76180
EXHIBIT E
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 15 of 15
Revised 12/2022