Loading...
HomeMy WebLinkAboutContract 59845Date Received: 7/27/2023 Record Number: PN22-00190 Time Received: 12:18 p.m. City Secretary No.: 59845 PUBLIC PROPERTY RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT TIER I 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 The Trust Me Trust, acting by and through its duly authorized representatives, Kevin Thomas O'Hanlon and Priscilla Lozano. ("Licensee. RECITALS WHEREAS, Licensee is the owner of the real property located at 209 West 8a' Street, Fort Worth, Texas 76102 ("Property"), recorded in Deed Records, by Instrument Number D222268406, in Tarrant County, Texas, being more particularly described in the attached Exhibit "A" which is incorporated herein for all purposes; and WHEREAS, the City owns a right-of-way, public sidewalk (the "Public Property") adjacent to the Property as shown in the attached Exhibit `B," which is incorporated herein for all purposes, and as shown on the Land Title Survey stamped and sealed by Surveyor No. 5956; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; 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 OFFICIAL RECORD CITY SECRETARY I. FT. WORTH, TX 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 "C," but only to the extent shown thereon, for the purpose of constructing, installing, and maintaining a blade sign (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment Tier II ROW Encroachment Agreement Page 1 of 15 Revised 11/2020 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, including the securing the approval and consent of the 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. 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 Tier II ROW Encroachment Agreement Page 2 of 15 Revised 11/2020 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). is 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 presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. Tier II ROW Encroachment Agreement Page 3 of 15 Revised 11/2020 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $1.000.000.00 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 "D" 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 Tier II ROW Encroachment Agreement Page 4 of 15 Revised 11/2020 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 ROW Encroachment Agreement Page 5 of 15 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 Tier II ROW Encroachment Agreement Page 6 of 15 Revised 11/2020 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II ROW Encroachment Agreement Page 7 of 15 Revised 11/2020 City: CITY OF FORT WORTH By: DJ Harrell (Jul 25, 2023 15:39 CDT) D.J. Harrell, Director of the Development Services Department Date: ATTEST: V Jul 25, 2023 Jannette Goodall, City Secretary Date: Jul 27, 2023 dpU4pn a� � FORT �o�d0 Ov% a=d Pad * % *� daa� nEXA544p Licensee: The Trust Me Trust, Representatives By: ame:e O'Hanlon Title: Trustee of the Trust Me Trust, Property Owner Date: °7 By: Name: Priscilla Lozano Title: Trustee of the Trust Me Trust, Property Owner Date:,�if.�v c Approved As To Form and Legality Vnk Jeremy Anato-Mensah Assistant City Attorney Date: Jul 25, 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. kebecca 'Dlaile Oweil Rebecca Diane Owen (Jul 25, 2023 15:28 CDT) Rebecca Owen Development Services Date: Jul 25, 2023 OFFICIAL RECORD Tier II ROW Encroachment Agreement CITY SECRETARY Page 8 U 15 FT. WORTH, TX Revised 11/2020 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 Kevin O'Hanlon, Trustee of the Trust Me Trust, Property Owner 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J O'day of ja 20 % -& . Notary Public in and for the State of 1-jj O,S v. �• Lea K. Ohrstrom 1 I My Commission Expires 05120026 j�..• I® No. 129428458 Tier II ROW Encroachment Agreement Page 9 of 15 Revised 11/2020 kAk�" 11 H I by J_l!f :Zy II 11'i�1 �l�J .� I�.L�J .� 11 l�1 l�J July 91�1\I r1'tit1 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 25th day of July , 2023 WendL. Digitally signed by Y Wendy L. Beardslee Beardslee Date: 2023.07.27 10:39:24-05'00' 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 o�gRYp(WENDY L BEARDSLEE z Notary Public * * STATE OF TEXAS Notary I.D. 13323719-3 OF My Comm. Exp. July 28, 2025 . . . . . . . . . . . . . Tier II ROW Encroachment Agreement Page 10 of 15 Revised 11/2020 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of .�'� ��v Cam) on this day personally appeared Priscilla , Trustee of the Trust Me Trust, Property Owner 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18�day of J(dj 20 15 . eat Expires ' s Notary Public in and for the O NOAM28450 State of_ -c 0 _ Tier II ROW Encroachment Agreement Page 11 of 15 Revised 11/2020 Legal Description of the Licensee's Property BEING a tract of land situated in the Mitchell Baugh Survey, Abstract No. 106, City of Fort Worth, Tarrant County Texas and being a portion of Lot 8C, block 8, Hirschfield Addition, an addition to the City of Fort Worth, Tarrant County Texas (an un-recorded plat) same being a tract of land described by deed to Alread Family Partnership as recorded in Volume 12663, Page 1621, Deed Records, Tarrant County, Texas Tier II ROW Encroachment Agreement Page 12 of 15 Revised 11/2020 EXHIBIT B Depiction of the Public Property Tier II ROW Encroachment Agreement Page 13 of 15 Revised 11/2020 CM) Buildin Corner N60'OC \G �/ 0.31' SOL { G°i<J`a 9s°t�rygCA aLP SN i met. Metal Pipe 0.34' 2—stay Brick Building Lot 88. Block 8 Ifirsck6dd Addition Claude C. Perkin. Doe. No. D212305720 D.R.T.C.T. 2-Story Brick Building 3' Steel Drains GM \ \ I \ 05, ' 0L \ o� Lot 810. Block 8 HMec ikild Addition Alread Familyy Ltd Partimsha Volume 12%1 Page 1621 D.R.T.C.T. IEGENQ BOL........... Ballard $ (CM). Controlling Monument D.R.T.C.T....Deed Records Tarrant County. Texas LP..............Light Pole GM.............Gas Meter GS.............Gas Service _ P.R.T.C.T....Plat Records Tarrant County. Texas RD.............Roof Drain SN.............sign WM............ Water Meter Buildii NOTES Seam Shaded Area: Existing Building S6- 5 / N W E Lot 1, Block 6 HirechB.ld Addition The Dorothyy Wck Credit Trust Vdums 12810, Palls 609 S D.R.T.C.T. LEGAL DESCRIPTION Being all of Lot 8C, Block 8, Hirschfield Addition (an unrecorded plat), City of Fort Worth, Tarrant County, Texas some being Alread Family Ltd. Partnership as recorded in Volume 12663, Page 1621, of the Deed Records of Tarrant County, Texas. Only those easements and restrictions as shown by Schedule B, Item 10 of the Commitment for Title Insurance prepared by Alliant National Title Insurance Company, GF No. 16-00146 having a Effective Date of January 3, 2016 have been addressed and impact the subject tracts as follows: _ 0 20 a. Rights of owners or tenants of adjoining properties in and to common walls located on the — 3-Story -■-■-�-�-� adjoining sides of property insured herein as referred to in the deed recorded in Volume 247, j 9 () P P Y Bddk Building SCALE: 1" = 20 Page 45, in Volume 329, Page 223, and in Volume 4657, Page 527, deed Records, Tarrant County, Texas. - AFFECTS SUBJECT PROPERTY SEE DOCUMENT FOR PARTICULARS. b. Terms, conditions, restrictions, and stipulations of Designation of Historic Structures and Property filed by the City of Fort Worth in instrument recorded in Volume 12278, Page 640, Deed Records of Tarrant County, Texas. - AFFECTS SUBJECT PROPERTY SEE DOCUMENT FOR PARTICULARS. c. Terms, conditions, and stipulations of Designation of Historic Structures and Property filed by the City of Fort Worth in instrument recorded in Volume 12779, Page 577, Deed Records of Tarrant Q,Re County, Texas. - AFFECTS SUBJECT PROPERTY SEE DOCUMENT FOR PARTICULARS. d.�pl Lot Z Block 6 d. Terms, conditions, and stipulations of Designation of Historic Structures and Property filed by the B Prod Addison AZ Cityof Fort Worth in instrument recorded in Clerk's File D204305287, Deed Records of Tarrant erD206272953 Document Number County, Texas. - AFFECTS SUBJECT PROPERTY SEE DOCUMENT FOR PARTICULARS. D.R.T.C.T. \ \ 2 \ SURVEYOR'S CERTIFICATION ISL•_ Rattikin Title Company, Alliant National Title Insurance Company, Barnett Howard &Williams PLLC; Alread p \ Family Limited Partnership: \ utility 002 PO"d I, John G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare a,nk°gOO that this survey is true and correct and was prepared from an actual survey made under my supervision on the Further, this to the the \, 4' Drain ground. survey conforms general rules of procedures and practices of most current 0.4' Pi.. _ Professional Land Surveying Practices Act. D.4' Corner- S64'55'43"E 0.69' Houston Place Lon Reddencee, LTD. TRACT ONE 0.8' Vdums 11947, Page 729 D.R.T.C.T. BAIRD, HAMPTON & BROWN, INC. ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 jmargotta®bhbinc.com 817-338-1277 www.bhbinc.com BHB Proiect #2016.300.003 TBPE Firm F-44 TBPLS Firm 10011300 Drawing: E:\Surveyl6\300\003 Update Alread Survey\Dwg\TITLE-SURVEY-UPDATE-ALREAD.dwg o n G. Margotta Riligistered Professional Land Surveyor No. 5956 Date: February 10, 2016 JOHN G. MARGOTTA ................... . '•_A_ 5956 LAND TITLE SURVEY Being all of LOT 8C, BLOCK 8, HIRSCHFIELD ADDITION City of Fort Worth, Tarrant County, Texas FEBRUARY 2016 EXHIBIT C Depiction and description of the Encroachment Tier II ROW Encroachment Agreement Page 14 of 15 Revised 11/2020 PROPOSED EXISTING "w.W PROJECTING SIGN M] SCALE: 1" = 1' COMPANY: O'Hanlon Demerath & Castillo PROJECT: Route Out Push Through DATE: 6.2.22 209 W. 8th St. Projecting Sign DRAWING #: 1 Fort Worth, TX 76102 REVISION #: 1 JOB#:0000 GRAPHICS 6 SIGNS VISUAL BRANDING SOLUTIONS < Sign Placement 'I E 2 1 25' Elevation Width SIZE: 26" x 84" DESIGNER: RJ COLORS: Forest Green, Black & White SALESPERSON: Madison Moore MATERIALS:.080" Aluminum CONTACT: Mali Hanley .5" Acrylic This is an original design, drawing and layout created by Cowtown, Inc. AN rights reserved This drawing is protected by Copyright Law. Any unauthorized use, reproduction, or duplication is strictly prohibited by law. Front -Lit, Route Out Push Through with LED's, Projection Mounted • Front View SCALE: 1" = 1' 0" • For Production / For Presentation INTERNALLY ILLUMINATED ROUTE OUT PUSH THROUGH QUANTITY: ONE (1) Overall Height: 7' Overall Length: 26" Total Sq.Ft.: 15.16 sq ft Returns: Forest Green Backs: White Face: Forest Green, Black & White Illumination: White NOTES: • WHITE interiors for increased illumination • All Paint Matthews SVOC Acrylic Polyurethane EXPOSED WALL SECTION DETAIL PROJECTING SIGN WITH ROUTE OUT PUSH THROUGH PROJECTING SIGN SCALE: 1" = 1' COMPANY: O'Hanlon Demerath & Castillo 209 W. 8th St. Fort Worth, TX 76102 36" 10" 26" 1 P -1 > ie""O's" ROUTEOUTPUSHTHROUGH O'HANLON WITH TRANSLUUCENTCENT BLACK VINYL APPLIED TO FACE �DEMERATH & CASTILLO LAW � FIRM 00 .5"-► 12" PROJECT: Route Out Push Through DATE: 3.22.22 SIZE: 26" x 84" DESIGNER: RJ Projecting Sign DRAWING #: 1 COLORS: Forest Green, Black & White SALESPERSON: Madison Moore REVISION #: 1 MATERIALS:.080" Aluminum CONTACT: Mali Hanley JOB#: 0000 .5" Acrylic - •5„ GRAPHICS 6 SIGNS VISUAL BRANDING SOLUTIONS This is an original design, drawing and layout created by Cowtown, Inc. AN rights reserved This drawing is protected by Copyright Law. Any unauthorized use, reproduction, or duplication is strictly prohibited by law. PROJECTING SIGN SCALE: 1" = 1' COMPANY: O'Hanlon Demerath & Castillo 209 W. 8th St. Fort Worth, TX 76102 PROJECT: Route Out Push Through DATE: 6.2.22 SIZE: 26" x 84" DESIGNER: RJ Projecting Sign DRAWING #: 1 COLORS: Forest Green, Black & White SALESPERSON: Madison Moore REVISION #: 1 MATERIALS:.080" Aluminum CONTACT: Mali Hanley JOB#: 0000 .5" Acrylic GRAPHICS 6 SIGNS This is an original design, drawing and layout created by Cowtown, Inc. AN rights reserved This drawing is protected by Copyright Law. Any unauthorized use, reproduction, or duplication is strictly prohibited by law. VISUAL BRANDING SOLUTIONS EXHIBIT D Certificate of Insurance Tier II ROW Encroachment Agreement Page 15 of 15 Revised 11/2020