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HomeMy WebLinkAboutContract 59383Date Received: 5/12/2023 Record Number: PN23-00037 Time Received: 3:15 p. m . City Secretary No.: 59383 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 Connor S. Moore and Aleyna M. Moore, Property Owners. RECITALS WHEREAS, Licensee is the owner of the real property located at 9012 Hunter Glen Trail, Fort Worth, Texas 76120 ("Property"), as recorded in Deed Records as Lot 12, Block B, Bentley Village, an addition to the City of Fort Worth, Tarrant County Texas, by Instrument Number D222268694, in Tarrant County, Texas, and; WHEREAS, the City owns or has an interest in a public utility easement (the "Public Property") adjacent to the Property, in the plat records of Tarrant County in Volume 388-9, page 6; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, OFFICIAL RECORD Tier II Easement Encroachment Agreement page 1 of 13 CITY SECRETARY Revised 12/2022 FT. WORTH, TX installing, and maintaining an 8 foot 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 "A." 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 "B." Licensee agrees that it shall secure the approval and consent of all other appropriate utility companies and agencies of the State of Texas and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use of Public Property, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works, the Director of the Water Department, the Director of the Development Services Department, or their duly authorized representative. 4. Licensee agrees that City may enter and utilize the Public Property at any time for any public purpose, including installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public. The City shall have no responsibility or liability for any damages related to the Encroachment resulting from the City's use of the Public Property; however, the City shall make reasonable efforts to minimize such damage. 5. Tier II Easement Encroachment Agreement Page 2 of 13 Revised 12/2022 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). 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 sewerage, transmission of natural gas or electricity, or any other public purpose, whether Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1,033,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "C" 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 12/2022 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 12/2022 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 12/2022 City: CITY OF FORT WORTH By: DJ H—.11(May2, 202310:14 CDT) D.J. Harrell, Director of the Development Services Department Date: May 2, 2023 .do4onRb 4 u� FORr�od� ATTEST: a~o° o�'.,d Pva 9 o 0000,0000 Eo4 Licensee: Property Owners Name: Connor S. Moore Title: Property Owner Date: H I q'i I b By: O /4, MPra"`q Name. Aleyna M. Moore Title: Property Owner Approved As To Form and Legality Jannette Goodall, Jeremy Anato-Mensah City Secretary Assistant City Attorney Date: May 12, 2023 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. 91L. sn Rebecca Diane Owen (Apr27, 2023 08:26 CDT) Rebecca Owen Development Services Date: Apr 27, 2023 OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page 7 of 13 FT. WORTH, TX Revised 12/2022 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 2nd day of May 120 23. Digitally signed by Brooke Brooke Bonnell Bonnell Date: 2023.05.02 14:29:24-05'00' 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 41) BROOKE BONNELL Notary Public STATE OF TEXAS Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 Page 8 of 13 Revised 12/2022 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Connor S. Moore, Property Owner (Title) 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ),I day of4p6; L 20 ,.3 MONICA ROJAS Notary Public in and for the 4 i Ln=Notary Public, State of Texas Comm. Expires 01-20-2027 State of �� y It 'I 11 Notary ID 124472953 Tier II Easement Encroachment Agreement Page 9 of 13 Revised 12/2022 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Aleyna M. Moore, Property Owner' (Title) 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �, I day offijnn',j 20 a3 . Notary Public in and for the State of� Tier II Easement Encroachment Agreement tY a,, MONICA ROJAS S�p~AL y'�� n_Notary Pubic, State of TeKas Comm. Expires 01-20-2027 �gnNkk Notary ID 124472953 Page 10 of 13 Revised 12/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 13 Revised 12/2022 DocuSign Envelope ID: 7A5B23F7-5B30-4CBD-A5B4-7138D45F3DOF 9012 Hunters Glen Trail �. Lot 12, in Block B, of Bentley Village, Section One, an Addition in Tarrant County, Texas, according to the map or plat thereof recorded 1 in Volume 388-97, Page 19, Plat Records of Tarrant County, Texas. O 1/2" ROD FOUNE ® 1/2" ROD SET O 1" PIPE FOUND ® "X" FOUND/SET ® 5/8" ROD FOUNE POINT FOR CORNER o FENCE POST FOR CORNER CONTROLLING CM MONUMENT AC AIR CONDITIONER POOL PE EQUIPMENT TRANSFORMER TE PAD ■ COLUMN 11 POWER POLE A UNDERGROUND ELECTRIC OVERHEAD ELECTRIC —OHP— OVERHEAD ELECTRIC POWER —oES— OVERHEAD ELECTRIC SERVICE —O- --AHAR4- LINK--- 1 WOOD FENCE 0.5' WIDE TYPICAL IRON FENCE —X— BARBED WIRE —o— DOUBLE SIDED WOOD FENCE 1/1 EDGE OF ASPHALT EDGE OF GRAVEL 0 CONCRETE COVERED BRICK STONE 1/2" IRF FOR WITNESS ON-LINE NORTHWESTERLY 0.25' m D3�- Jo Uc� 0 I Tree W 20' X 20' SIDEWALK & SIGHTLINE ESMT. ILOT 8215711 22° 2'00" W 105.41 ' F6N 7.5' UTILITY ESMT.00J12. 0 POOLROUTFdIC0ICE19.TMENTb34,141 LLJ 21.0 M 26.4' 12.5' o ON ONE STORY -04 BRICK & FRAME O `n nc a e 00 18.7' y1.5' N N 2.0' 0' 5.6 0• 5.3' 5.5 J 6" _ n N cM N 2 °5100" E 105.' 4'-0" (BASISOOF BE RI GS) WATER METER 0 �o � I r OC. 14.4' CV OFF TOT oo 11 0 pn � a 0 a 60 0.3' (O%OFF 17 4' 0.7' BRICK WALL (TYP.) 25° gL LOT 13'-9 12 )' CM HUNTERS GLEN TRAIL 50' R.O.W. NOTE: BEARINGS, EASEMENTS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. FLOOD NOTE: According to the F.I.R.M. No. 48439CO22OL, this property does lie in Zone X-500 and DOES NOT lie within the 100 year flood zone. NOTE: PROPERTY SUBJECT TO TERMS, CONDITIONS, AND EASEMENTS This survey Is made in conjunction with the Information provided by MPR Title, LLC. CONTAINED IN INSTRUMENTS RECORDED IN Use of this survey by any other parties and/or for other purposes shall be at user's VOL. 388-97, PG. 19 & VOL. 5934, PG. 141 own risk and any loss resulting from other use shall not be the responsibility of the undersigned. This Is to certify that I have on this date made a careful and accurate survey on the ground of the subject property. The plat hereon is a correct and accurate representation of the property lines and dimensions are as Indicated; location and type of buildings are as shown; and EXCEPT AS SHOWN, there are no visible and apparent encroachments or protrusions on the ground. Drawn By: ADL/EGR �� OF T� �-`�-�" �F;'GIB TEIr' f Scale: 1 " = 30' a1 :"ew �o :qU FUkYEY1.NG".S LL',: Z9-7 Date: 5-28-2021 F° " �" ° "i9 MICHAEL CHURCHWELL� ...................:..... Accepted by: 12025 Shiloh Road, Ste. 240 V: 38 Purchaser GF No.: Dallas, Tx 75228 P 214.349.9485 O Date: 2021-1561-ARL F 214.349.2216 SUR`j Purchaser Job No. 2111163 Firm No. 10168800 RCHWEL www.cbgtxllc.com R.P... No. 6384 EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 a `& January 19, 2023 RE: Tarrant County -Bentley Village Addition 7.5-ft Utility Easement Encroachment Request Block B Lot 12 along the East side of property AT&T Texas Melissa McElyea 117 W Columbia St Weatherford, TX 76086 817 718-4055 In response to the request for the encroachment on a portion of the 7.5-ft Utility Easement along the East side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for fence shown on the attached sketch. Plat found in Tarrant County Clerk File Recorded in Volume 388-97 Page 19. 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, k 1�1�rluw�a- Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841 @att.com 7€]f3 Imo: 7A�ti'L3�7-:.8.*�4G$1�� 6F71 J8D4'�F 3�4F 9IJ1� Hurlers ulen ;roll Lol 12. In IN," 8, of 9anflfX 141Lo5 . 5etlidh Ono. u6 Addlllah in Tarmni C9Un41r, T*xos, ■cS-or(fl 9 i4 the MT V:r plat lhsregf morcwd 1n Yolurr:r SL48-97, pndr 19. PIa1 R■cards �t formal Caunly, Ttkas. i17` rqa a 1e � 1J2" A4D 0iT .'.j i' PVC FOUND A -x' T&McvsE7 {2+ SAF lion rimm PU lFr FOR COME71 eRM6 Mast F0q odppC► r.■ �a�+u ern 6 ya AC Gp+Prl4'IER P4vL PF EDd1FWE?fr TE iR+rlSr0lI1W! M/A ■ coujww • PCWEN Poo + LMIXR, pO1JhU ;=rRiC „ .i+rfaldclo 'I iT; - PURR —EW9—. OVER4W ELEMM4 gTrnac 09:11N LIrK N IFr:rr, rcwrs rt s• WEE TYPICAL PILW FENCE VDU9LE WPM wocD rEMCE E064 0r 4SF14LT 545E 4Y 4"6L .. CORCME a"11L10 AM r. . 501cr IJ.�` IRr I WWT+4k55 nw-Lf.� 1" r LOT 13 ,1.s' -r POO ram, 0 • 1;6k�plc . 05EI:11SfiT 1? J ■ : �:�rsira = ■ SM - LJ {' C: ■ 0 C7 ■ — ■c O 3'tm1 W K z o . r�w�lLrs. 1 E3hR, � 25.J' 0 nh-F 4Ti7RY ' ercl� & �rau y 1.5' r, W 17A' LOT 12 )0" E 1105,40 HUNTERS. GLEN TRAIL ,., i7.0.,e- T4. K q-r h LOT !� 11 t�g o: firf -_0.3- Ev' WALL C11 WaTe; "iWJKy5• FA2WEkTS AN15 9LIILOHIG L1NE4 MtJ: $" RECORKI) PkAT L1WL£SS UTHERW15; KOnU- fLGQD NOTE; 4Foc+dlnp 1a %p rI.R,M, No. A&WK07204 161e pm" tr ddwm Ili In Zan■ 8-9A4 and DOES NOT lie w:lihdn the 'DO r -lond tone. NOTE: PR7PEI[FY 5119JELT T4 TcRkS, i:+ONUMDHSr AND F.: L*EM75 TWF swYw In mu& b canJwwllca wHb 1ti■ rerarmn11bn p• l'dfd �,F LIPA TrIlf. a c. CONI ,INED H MiTRUMEHTS RLZ4ML '} IN Um ar 1hla ■w.ay by aw, eiha:r pan" and far ler et:ar A+ipases ■hoM be of o■rL VM. 3E1l-9% PG. 19 k V4L K34, P5, W1i "n risk and my lass .uy/IIn9 iry olher va■ +loll nol 6F Ph* respoaslb*ly as W* WKWMVM& Thin 14 r4 NET A.yF 1 410" 4n 444 441a t"Co u FnrWu1 ORE CccWWr saxwy an 7h. grao:na ei lh. wa1._F proparF�. Th. plal As1■ a rarncl and ■ocunole repnesnmlfam of ills praPxiy Mee ano Wmasrlenr en ae IndloorsU: l000d6n cna FIF+F ,i hulldhrp do GF ahc«:_ wd EKE AT 5114Li11. Pwrr c:•n +ro aslhlr and appenel 4e:prgp4hrw+Ry tr pretr:nypa: to +F.* 9"p O. Drawn 4:CB �/€�2 f 31-�`- Da+�: 5-219Y�o�S � �1[iiikr.l.+_u[_:scn,sru. •rt: ••� :I:�c�plerd �jr L2M S�Yah *aad, Siff. 240 P rcilc■lMr Gr H4,: 0dbF, It75220 Dalr: ZL72S-75Li1=1diL a Yi<.7+9-9445 214-3+9-221iS Pa aslMr Job lfa. 21 ! 1 iti3 _ -s i 4,L% fl:: No. 1018660G rn ,ob¢I:uc.oam rr_¢ hq. 234 �TMOS energy January 13, 2023 Connor Moore 9012 Hunters Glen Trail Fort Worth, Texas 76120 Re: Utility Easement Encroachment Atmos Energy has no objection to an encroachment on the utility easement for the construction of a fence at 9012 Hunters Glen Trail in Fort Worth, Texas. If you need additional information, please contact me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Energy Corporation 100 West Morningside Fort Worth, Texas 76110 6ONCOR Date: January 20, 2023 Customer Name: Connor Moore Street Address: 9012 Hunters Glen Trail City 1 State 1 Zip: Fort Worth TX 76120 Re: X: FENCE ENCROACHMENT, 9012 Hunters Glen Trail Fort Worth, TX, LOT 12, BLOCK B, BENTLEY VILLAGE, SECTION ONE, an addition to the City of Fort Worth, Texas Dear Mr. Moore I have received your request to construct a fence extension at the above referenced location in which a portion of the fence encroaches into a Platted Utility Easement. The site has been inspected and your formal request has been reviewed. 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. Owner acknowledges and understands that Oncor maintains overhead underground electrical facilities within the easement. Owner agrees to exercise extreme caution with respect to such electrical facilities. Please sign below confirming that you understand and agree to the requirements. If you have any questions or need additional information, please contact the Oncor office at (817) 443-3434... ;Sincer 9 Bu G. Rodgers, SRIWA 7860 Winbrook Dr Benbrook, TX 76126 432-234-9052 (Property Owner signature) (Date) Spectrum► January 19, 2023 Connor Moore 9012 Hunters Glen Trail Fort Worth, TX 76120 SUBJECT: Encroachment of 9012 Hunters Glen Trail, Fort Worth, TX 76120. Spectrum Communications hereby grants a 7.5ft encroachment for the purpose of an extending the fence that was built into a portion of the rear easement 7.5ft General Utility Easement associated with the property located at 9012 Hunters Glen Trail, within the City of Fort Worth, Texas 76120. 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 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 forcerelos@kinetic-eng.com. Please share this information with whoever needs these services. Sincerely, S Chectrum► Tray Hopson I Business Development Specialist 1 (0) 817-298-3554 Cell 682-999-2989 8545 Airport Freeway #108 1 North Richland Hills I TX 76180 EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022 9800 Fredericksburg Road San Antonio, Texas 78288 USAW CONNOR S MOORE AND ALEYNA M MOORE 9012 HUNTERS GLEN TRL FORT WORTH, TX 76120 Reference: Existing USAA Homeowners Insurance Policy Summary April 15, 2023 We're writing to provide the following summary of the USAA homeowners policy: Effective date of policy: Policy expiration date: Policy location: Policy number: Named Insured: Additional Insured: Additional Insured Type: Description of coverage(s) Dwelling coverage: Home Protector: Personal belongings: Personal liability: Medical payments: Deductible(s) All other perils: Wind and hail: Revised Annual Premium: Mortgage clause: Loan number: November 10, 2022 12:01 a.m. local time November 10, 2023 12:01 a.m. local time 9012 HUNTERS GLEN TRL, FORT WORTH, TX 76120 GAR 023092559 91A CONNOR S MOORE AND ALEYNA M MOORE CITY OF FORT WORTH CFA OFFICE - PN23-00037 200 TEXAS STREET, FORT WORTH, TX 76102 Non -related Resident $528,000 Included $264,000 $500,000 $5,000 $2,000 2.00% ($10,560) $2,623.66 PENNYMAC LOAN SERVICES LLC ITS SUCCESSORS AND/OR ASSIGNS PO BOX 6618 SPRINGFIELD, OH 45501-6618 8203721693 Your Home Protector coverage, if included, provides you an additional 25% of dwelling coverage. Policy terms, conditions and exclusions apply. Notification to Additional Interest Upon Cancellation If this policy is canceled or not renewed, the mortgagee/lender will be properly notified at least 10 days before the date cancellation or nonrenewal takes effect. 023092559 - DM-04664 131780-0521 If you have questions about the changes to the policy, please call us at 210-531-USAA (8722), our mobile shortcut #8722 or 800-531-8722. As always, we appreciate the opportunity to serve you. Thank you, Garrison Property and Casualty Insurance Company Garrison Property and Casualty Insurance Company, a subsidiary of USAA Casualty Insurance Company, is authorized to use the USAA logo, a registered trademark of United Services Automobile Association. 023092559 - DM-04664 131780-0521