HomeMy WebLinkAboutContract 60064Date Received: 09/07/2023 Record Number: PN23-00067
Time Received: 4:50 Pm City Secretary No.: 60064
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 Joshua Laird and Stephanie
Laird, ("Licensee"), property owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 6720 Saucon
Valley Drive, Fort Worth, Texas76132 ("Property"), as Lot 2R2R, block 33, Mira Vista
Addition to the City of Fort Worth, Tarrant County, Texas, recorded in Tarrant County
Deed Records, by Instrument Number D221264649, 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, and as recorded in the deed records of
Tarrant County by instrument number D221220554; 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,
Tier II Easement Encroachment Agreement Page 1 of 13
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
installing, and maintaining a retaining wall (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.
Tier II Easement Encroachment Agreement Page 2 of 13
Revised 12/2022
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).
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 12/2022
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
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
$300,000
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 Harrell (Sep 7, 2023 13:23 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Sep 7, 2023
ATTEST:
h
Jannette Goodall,
City Secretary
Date: Sep 7, 2023
Tier 11 Easement Encroachment Agreement
Licensee:
Property Owners
By:
e: Joshua Laird
Title: Property Owner
Date: 681Z1/Zd Z3
By:
Name: Stephanie Laird
Title: Property Owner
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Sep 6, 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 renorting requirements.
w Owen (Sep 6 2023 08:58 CDT'
Rebecca Owen
Development Services
Date: Sep 6, 2023
Page 7 of 13
Revised 12/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
y'hI(IS PAGE FOR CI FV OF FORT \VOR'I-I-I OFFICE: [SF (.)\l.:l
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 7th day of
September 20 23 .
KATHLEEN BRADFORD
Notary Public
STATE OF TEXAS
Notary I.D. 12197197
My Comm. Exp. Apr. 12, 2027
Notary Public in and for the State of Texas
After recording return tc.
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 13
Revised 12/2022
Licensee:
Property Owner
B
ame: Joshua Laird
Title: Property Owner
Datc• 01 /20Z3
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 Joshua Laird, 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, as the act, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
20V
Notary Public in and for the
State of-
dayof�
DEBBI HANKS
Notary ID #5997807
My Commission Expires
August 25, 2024
Tier 11 Easement Encroachment Agreement
Page 9 of 1:-
Revised 12/202
Licensee:
Property Owner
ame: Stephanie Laird
Title: Property Owner
Date: ti %211202S
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 Stephanie Laird, 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, as the act, and in the capacity therein stated..
GIVEN UNDER MY HAND AND SEAL OF OFFICE flue;914day ofd/Zil&ii-
203
Notary Public • and for the
State o
• DEBBI HANKS
Notary ID #5997807
My Commission Expires
August 25, 2024
'ier II Easement Encroachment Agreement
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
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COMMENCING
SCALE: 1" = 40'
STEVENS LAND SURVEYING,
TEXAS
P.O. BOX 26951
FORT WO ! TH, TEXAS 76126
817-696-9775
Ee1STTION #1 019402S
EXHIBIT
Page 1 of 2
CAPPED
BRITTA/N &
CRAWFORD
5/8" IRON
FOUND
ENCROACHMENT
AGREEMENT
AREA
(HATCHED)
CAPPED
DUNAWAY
5/8" IRON
FOUND
10'X30'
UTIL. ESMT.
CAB. A, S.
4460
CURVE
RADIUS
ARC
DELTA
CHORD
CHORD
C1
429.00'
9.80'
1'18'30"
N 31'19'20" W
9.80'
C2
141.65'
5.20'
2'06'19"
N 32'42'42" W
5.20'
C3
466.29'
46.94'
5'46'03"
N 35'40'12" W
46.92'
C4
429.00'
47.42'
6'19'58"
N 42'45'56" W
47.39'
C5
9.00'
13.42'
85'25'45"
N 03'13'02" W
12.21'
C6
99.00'
28.99'
16'46'45"
N 4752'29" E
28.89'
C7
98.00'
28.70'
16'46'45"
S 47'52'29" W
28.60'
C8
8.00'
11.93'
85'25'41"
S 03'13'04" E
10.85'
C9
430.00'
46.52'
6'11'53"
S 42'49'58" E
46.49'
C10
752.93'
12.05'
0'55'00"
S 35'43'02" E
12.05'
C11
435.00'
27.72'
3'39'04"
S 33'22'35" E
27.72'
POINT OF
BEGINNING
LINE
BEARING
DISTANCE
L1
N 52'56'57" E
9.12'
L2
N 57'17'18" E
5.00'
L3
N 57'17'18" E
4.97'
L4
N 51'03'37" E
4.89'
L5
N 49'47'29" E
5.00'
L6
S 39'29'06" W
13.33'
L7
S 33'44'09" E
1.00'
L8
S 39'29'06" W
13.33'
L9
N 49'47'29" E
5.00'
L10
N 51'17'29" E
4.94'
L11
S 54'47'50" W
5.00'
L12
N 52'56'57" E
3.08'
L13
S 31'32'30" E
1.00'
L14
S 52'56'57" W
4.08'
L15
S 57'17'18" W
4.00'
L16
N 52'56'57" E
8.11'
L17
S 30'53'03" E
1.01'
L18
N 39'16'22" W
5.05'
L19
S 38'17'02" E
22.09'
L20
N 08'46'58" E
15.97'
L21
N 49'41'46" E
79.15'
THE PLAT HEREON WAS PREPARED FROM AN ACTUAL SURVEY ON
THE GROUND OF THE LEGALLY DESCRIBED PROPERTY AS SHOWN
HEREON.
ANDREW E. STEVENS
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 5395
AUGUST 25, 2023
Sketch Showing Encroachment Area
Lot 2R2R, Block 33, of MIRA VISTA, an
addition to the City of Fort Worth, Tarrant
County, Texas according to the plat
recorded in Clerk's File Number 221220554,
Plat Records of Tarrant County, Texas
5:\Stevens Surveying 2014\Mira Vista \Block 33 Lot 2r2r encroachment easement.dwg, 8/25/2023 2.11:36 PM
EXHIBIT
Page 2 of 2
Description of an Encroachment Area
Being that certain tract of land situated in the JOHN HEATH SURVEY, Abst. No. 641,
Tarrant County, Texas known as Lot 2R2R, Block 33, MIRA VISTA ADDITION, an addition to
the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Clerk's
File Number 221220554, Plat Records, Tarrant County, Texas and being more particularly
described, as follows:
COMMENCING at a capped Dunaway 5/8" iron found at the most southerly corner of
said Lot 2R2R;
Thence North 08 degrees 46 minutes 58 seconds East, 15.97 feet to the Point of
Beginning;
THENCE Along the proposed retaining wall, as follows:
Thence South 52 degrees 56 minutes 57 seconds West 9.12 feet curve to the left with
an arc length of 9.80', whose radius is 429.00', whose long chord bears North 31
degrees 19 minutes 20 seconds West, with a chord length of 9.80';
Thence North 57 degrees 17 minutes 18 seconds East, 5.00 feet curve to left with an
arc length of 5.20', whose radius is 141.65', whose long chord bears North 32 degrees
42 minutes 42 seconds West, with a chord length of 5.20',;
Thence South 57 degrees 17 minutes 18 seconds West 4.97 feet curve to the left with
an arc length of 46.94', whose radius is 466.29', whose long chord bears North 35
degrees 40 minutes 12 seconds West, with a chord length of 46.92',;
Thence North 51 degrees 03 minutes 37 seconds East, 4.89 feet;
Thence North 39 degrees 16 minutes 22 seconds West 5.05 feet;
Thence South 49 degrees 47 minutes 29 seconds West 5.00 feet curve to the left with
an arc length of 47.42', whose radius is 429.00', whose long chord bears North 42
degrees 45 minutes 56 seconds West, with a chord length of 47.39',;
Thence with a reverse curve to the right with an arc length of 13.42', whose radius is
9.00', whose long chord bears North 03 degrees 13 minutes 02 seconds West, with a
chord length of 12.21',;
Thence North 39 degrees 29 minutes 06 seconds East 13.33 feet curve to the right
with an arc length of 28.99', whose radius is 99.00', whose long chord bears North 47
degrees 52 minutes 29 seconds East, with a chord length of 28.89',;
Thence South 33 degrees 44 minutes 09 seconds East 1.00 feet curve to the left with
an arc length of 28.70', whose radius is 98.00', whose long chord bears South 47
degrees 52 minutes 29 seconds West, with a chord length of 28.60',;
Thence South 39 degrees 29 minutes 06 seconds West 13.33 feet curve to the left with
an arc length of 11.93', whose radius is 8.00', whose long chord bears South 03
degrees 13 minutes 04 seconds East, with a chord length of 10.85',;
Thence with a reverse curve to the right with an arc length of 46.52', whose radius is
430.00', whose long chord bears South 42 degrees 49 minutes 58 seconds East, with a
chord length of 46.49',;
Thence North 49 degrees 47 minutes 29 seconds East 5.00 feet;
Thence South 38 degrees 17 minutes 02 seconds East 22.09 feet;
Thence South 51 degrees 17 minutes 29 seconds West 4.94 feet curve to the right with
an arc length of 12.05', whose radius is 752.93', whose long chord bears South 35
degrees 43 minutes 02 seconds East, with a chord length of 12.05',;
Thence North 54 degrees 47 minutes 50 seconds East 5.00 feet curve to the right with
an arc length of 27.72', whose radius is 435.00', whose long chord bears South 33
degrees 22 minutes 35 seconds East, with a chord length of 27.72',;
Thence North 52 degrees 56 minutes 57 seconds East 3.08 feet;
Thence South 31 degrees 32 minutes 30 seconds East 1.00 feet;
Thence South 52 degrees 56 minutes 57 seconds West 4.08 feet;
Thence North 31 degrees 37 minutes 45 seconds West 3.39 feet;
Thence South 57 degrees 17 minutes 18 seconds West 4.00 feet;
Thence South 31 degrees 19 minutes 51 seconds East 7.71 feet;
Thence North 52 degrees 56 minutes 57 seconds East 8.11 feet;
Thence South 30 degrees 53 minutes 03 seconds East 1.01 feet to the POINT OF
BEGINNING and containing 366.57 square feet, 0.008 acres of land.
STEVENS LAND SURVEYING,
OF TEAS
P.O. BOX 26951
FORT WORTH, TEXAS 76126
617 696-9775
FIRM REGISTRATION #10194023
THE PLAT HEREON WAS PREPARED FROM AN ACTUAL SURVEY ON
THE GROUND OF THE LEGALLY DESCRIBED PROPERTY AS SHOWN
HEREON.
ANDREW E. STEVENS
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 5395
AUGUST 25, 2023
Sketch Showing Encroachment Area
Lot 2R2R, Block 33, of MIRA VISTA, an
addition to the City of Fort Worth, Tarrant
County, Texas according to the plat
recorded in Clerk's File Number 221220554,
Plat Records of Tarrant County, Texas
0:\Stevens Surveying 2014\Mira Vista \Block 33 Lot 2r2r encroachment easement.dwg, 8/25/2023 2:13:29 PM
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EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Revised 12/2022
AT&T
AT&T Right -of -Way
13845 FAA Blvd.
Fort Worth, TX 76155
July 10, 2023
Melissa Torres
Texas Built Retaining Walls
11901 Camp Bowie West
Atedo, TX 76008
RE: AT&T Letter of No Objection — Construction of Sandstone Retaining Wall
Mira Vista Addition — Lot 2R2R, Block 33 — D221220554
Fort Worth, Tarrant County, Texas
Ms. Torres,
Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the construction
of the fence on the property referenced above at 6720 Saucon Valley Drive.
It is not the intent of this letter to waive any rights granted to AT&T in said platted utility
easements or right-of-way except to permit this encroachment. AT&T shall continue to have
unrestricted access to, on and across the easement/right-of-way for installation, repairs,
replacement, or upgrades to facilities.
Please be aware, there are underground facilities within the area. Exercise extreme caution with
respect to such facilities. Contact Texas811 for underground locates before any digging is done.
Costs of any damages to our facilities would be at your expense.
Please let me know if you have any questions or concerns.
Sincerely,
go -
Ray A. Garcia
AT&T — Lead Manager OSP Planning & Engineering Design I Right -of -Way
817-550-7576
ra v.earcia @att.com
ATMOS
energy
July 2, 2023
Susan Minton
John Askew Company
P.O. Box 1509
Aledo, Texas 76008
Re: Retaining Wall Encroachment within 11' Utility Easement (U.E.) — 6720 Saucon Valley Drive, Fort
Worth, Texas, Lot 2R2R, Block 33 Mira Vista Addition in the J. F. Heath Survey, Abstract 641, Tarrant
County,
Ms. Minton:
Please be advised our Operations Department approves of the proposed retaining wall paralleling Saucon
Valley Drive and will encroach within the 11 foot U.E.
For safety, we recommend contacting 811 which is a free service to locate all underground utilities on your
property prior to any digging or construction.
If further information or verification is needed, please let me know.
Kind Regards,
Betty Daugherty
Right of Way Agent, II
214.206.2789
Betty. Da ihertyia5.atmosenerc y, com
Atmos Energy Corporation
5420 LBJ FRWY, Dallas TX 75240
R
Date: June 28, 2023
Customer! Contractor Name: Joshua Laird & Stephanie Laird
Street Address: PO Box 1509
City / State / Zip: Aledo, TX 76008
Re: 7'foot tall retaining wall and staircase encroachment into an existing 10' foot utility easement
located on the property 6720 Saucon Valley Drive known as Lot 2R2R, Block 33 of the MIRA
Vista Addition In the city of Fort Worth, Tarrant County, TX. PT# 2023-3336
Dear Sir:
I have received your request to construct a 7' foot tall retaining wall and staircase at the above
referenced location. A portion of the proposed retaining wall and staircase will be within a 10' toot
Platted Utility Easement or an Oncor Electric Delivery Company easement. At no time should
any electrical source box (transformer, hand -hole or pedestal) be fenced in or encroached upon.
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 herelnabove. Also, this letter is not intended to release the builder of this
encroachment, or the present owner, or future owners of the property from any liability arising out
of the location of thls encroachment In the easement.
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 responslble for any damages.
Owner acknowledges and understands that Oncor maintains overhead and/or underground
electrical facilities within the easement. State law requires contacting Dig Tess by calling 811 for
underground equipment to be located at least two (2) days before you dig. Dig Tess does not
mark a precise location but is usually within four (4) feet of the actual location. 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) 215-5257.
Sincerely,
Charlene Dunbar-Oncor Row Analyst
(Da()
Gated h canner Pro
Spectrum
5/31/2023
Susan Minton
John Askew Company
PO Box 1509
Aledo, TX 76008
SUBJECT: Encroachment of 11' Utility Easement, Fort Worth, TX.
Spectrum Communications hereby grants an encroachment for the purpose of allowing and existent
retaining wall to remain into a portion of the General Utility Easement associated with the property
located at 6720 Saucon Valley, within the City of Fort Worth, Texas 76132. Spectrum Communications
reserves the right to have access to any applicable utility easements on the property for the purpose of
future construction or maintenance. The owner and/or lessee of said property may also be responsible
for the relocation/removal of any structure interfering with access to these easements, if necessary.
Spectrum Communications currently has facilities within this easement. If it has not already taken place,
please call 1-800-DIG-TESS to have facilities marked and located within affected easements before any
excavations are started.
For future reference, please send all utility coordination, abandonments, encroachments, plat
signatures, or serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please
share this information with whoever needs these services.
Sincerely,
Troy Hopson I Business Developrnen! Specialist I (0 817.298-3554 Celt 682-999-2989
8545 Airport Freeway #1081 No Richland hells I TX 76180
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Revised 12/2022