HomeMy WebLinkAboutContract 60345Date Received: 10/23/2023
Time Received: 9:31 a.m.
Record Number: PN22-00192
City Secretary No.: 60345
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 George C Broyles and Shannon J
Broyles, ("Licensee"), Property Owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 313 Paloverde
Lane, Fort Worth, Texas 76112("Property"), as recorded in Deed Records as Lot 21,
Block 15, of Woodhaven Country Club Estates, Sixth Filing, by Instrument Number
D4412204626, in Tarrant County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility easement and
owns a drainage easement and sewer within the utility easement (the "Public Property")
adjacent to the Property, and as recorded in the plat records of Tarrant County as Volume
388-76, Page 13 and;
WHEREAS, Licensee desires to construct, place, and maintain certain
improvements which will encroach in, on, above, or below the Public Property; and
WHEREAS Licensee has received consent from the other franchise utility
companies to construct, place, and maintain the improvements within the public utility
easement; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by Licensee of the fee set out below
and covenants and agreements hereinafter contained to be kept and performed by
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 13
FT. WORTH, Tx Revised 12/2022
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining a wooden 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.
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 forty (40) 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 homeowners insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A."
The amounts of such insurance shall be not less than
$ 3001000
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 Homeowners 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: DJHarre1,202311:13CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Oct 23, 2023
ATTEST:
Jannette Goodall,
City Secretary
Date: Oct 23, 2023
p O�pORT�Ia�
i-o
PVo °=d
O�n� oEXASoq
Licensee:
Property Owners
By: 41 C
Name: George C Broyles
Title: Property Owner
Date:
By:/royles
Name:ShannonJ
Title: Property Owner
Date:' l 0/ 13 /off v a 3
Approved As To Form and Legality
VW "k
Jeremy Anato-Mensah
Assistant City Attorney
Date: Oct 20, 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.
Rebecca Diane Owen (Oct 20, 2023 12:47 CDT)
Rebecca Owen
Development Services
Date: Oct 20, 2023
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 7 of 13
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
11: I by J_l!I Il OlU :ty 1111111l�1 OUJ . M 1111 :Jf 11: l�J l�l Il fly Irl�J►1 IIA'
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 23rd day of
October . 20 23
WendL. Digitally signed by
Y Wendy L. Beardslee
B ea rd s l e e Date: 2023.10.23
11:24:28-05'00'
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�ARYPae�� WENDY L BEARDSLEE
_ Notary Public
+► * STATE OF TEXAS
GV Q Notary I.D. 13323719-3
9�oF My Comm. Exp. July 28, 2025
Tier II Easement Encroachment Agreement
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
-T S, on this day personally appeared George C Broyles, 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 } day of
20 r�
nY �.
MONICA ARNDT
r44 Notary Pub�I . State of Texas
My Comm. E 07 79-zo25
Notary Public in and for the ` 40 No. jz790005-4
State of 1 W 55
Tier 11 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
'F04a5 , on this day personally appeared Shannon J Broyles, 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 1-) day ofC� 6,0-0-r
2093 .
Notary Public in and for the
State of 1 42qS
L%r
MONICAARNDT
Notary Public, State of TextsMy Comm. Exp. 07-29-2025
ID No.12790005-4
Tier 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 I I of 13
Revised I2/2022
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313 PILOVERDL LAW.,
saga *BP-M(;,; tDr 21, V BLDCK 1.104 OF w00Dz;A'vBN (--UjbrfjKY CLLd M2fLA:JL=s AN "LWKIV94 TO -aUS Url-1 loww
OF FOW WORM, TAr-'lAW.'COL .VrY,THXA3. ACCORWING TO THP, MAP TMEOPRECORDEID IN
WDLUME 'FU-76, PAW 13 Of THE, M." RBCV?-DS a? TA:?-"Wf COUNTY, TEXAS.
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UTILITY EASEMENT ENCROACHMENT
Woodhaven Country Club Estates, Phase VI
Lot 21, Block 15,
TRACT 1:
Being 750 square feet of land located in a portion of Lot 21, Block 15, Woodhaven Country Club
Estates, Phase VI, an addition to the City of Fort Worth, Tarrant County, Texas according to the
plat recorded in Volume 388-76, Page 13, Plat Records, Tarrant County, Texas, being a portion
of the tract of land described in the deed to George C. Broyles, recorded in County Clerk's
Instrument No. D214129776, Deed Records, Tarrant County, Texas. Said 750 square feet of land
being more particularly described as follows:
BEGINNING at a 5/8" iron rod found at the northeast corner of said Lot 21, said iron rod being the
southeast corner of Lot 1, Block 19, of said Woodhaven Country Club Estates;
THENCE S04013'02"E, along the east line of said Lot 21, a distance of 5.00 feet to a point;
THENCE S86030'55"W, 5.0 feet south of and parallel with the north line of said Lot 21, a distance
of 151.30 feet to a point lying in the west line of said Lot 21;
THENCE N23013'23"E, along said west line, a distance of 5.60 feet to the northwest corner of
said Lot 21;
THENCE N86*30'55"E, along the north line of said Lot 21, a distance of 148.72 feet to the point
of beginning, containing 0.017 acres (750 square feet) of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
UTILITY EASEMENT ENCROACHMENT
Woodhaven Country Club Estates, Phase VI
Lot 21, Block 15,
TRACT 2:
Being 38 square feet of land located in a portion of Lot 21, Block 15, Woodhaven Country Club
Estates, Phase VI, an addition to the City of Fort Worth, Tarrant County, Texas according to the
plat recorded in Volume 388-76, Page 13, Plat Records, Tarrant County, Texas, being a portion
of the tract of land described in the deed to George C. Broyles, recorded in County Clerk's
Instrument No. D214129776, Deed Records, Tarrant County, Texas. Said 38 square feet of land
being more particularly described as follows:
Commencing at a 5/8" iron rod found at the northeast corner of said Lot 21, said iron rod being
the southeast corner of Lot 1, Block 19, of said Woodhaven Country Club Estates;
THENCE S86°30'55"W, along the north line of said Lot 21, a distance of 148.72 feet to a point for
the northwest corner of said Lot 21;
THENCE S23013'23"W, along the west line of said Lot 21, a distance of 96.01 feet the POINT OF
BEGINNING;
THENCE S67018'21"E, a distance of 14.99 feet to a point;
THENCE S22°41'39"W, a distance of 2.50 feet to a point;
THENCE N67018'21"W, a distance of 15.01 feet to a point lying in said west line, from which the
southwest corner of said Lot 21 bears S23°13'23"W 80.05 feet;
THENCE N23013'23"E, along said west line, a distance of 2.50 feet to the point of beginning,
containing 0.001 acres (38 square feet) of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
SEE 8-1/2" M 1" PLATS ATTACHED
SHEET 1 OF 2
Dick S. Jones
Registered Professional
Land Surveyor No. 5524
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FORT WORTH, TEXAS 76124 hsb la9$y0msn.com
DICK S. JONES I I
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REGISTERED PROFESSIONAL m
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LOT 1, BLOCK 19Of l
LAND SURVEYOR No. 5524 o }
WOODHAVEN COUNTRY CLUB }
ESTATES, PHASE VI
Prepared 19 January 2023 , }
V.388-76, P.13 ,
Revised 2 August 2023 I M a }
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P.R.T.C.T. } }
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Tract 1 POINT OF } }
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Utility Easement BEGINNING
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Encroachment
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Lot 22 /
V.388-76, P.13
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POINT OF
Block 15 BEGINNING +a / 'a
GATE POST
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Tract 2
Drainage and Utility }
60 a /
Easement Encroachment }
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36 SF (D.001 acres) / }
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PALOVERDE LANE
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I TRACT 2 LINE TABLE l
LINE BEARING LENGTH
CM — Control Monument.
IRF — Iron Rod Found.
IRS — Iron Rod Set, stamped
Beasley RPLS 6066,
UE — Utility Easement. SHEET
BL — Building Line.
Basis of Bearings: NAD83 (2011) Epoch:(2010.0) Texas
North Central Zone. Grid Scale Factor: 0.9998625655
0 50 100 150
SCALE 1"=50'
L1 S23'13'23"W 96.01
L2 S67'18'21 "E 14.99
L3 S22"41'39"W 2.50
L4 N67'18'21 "W 15.01
L5 N23'13'23"E 2.50
Exhibit D
on / Profile Drawing Specific to Encroachment
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ILTS K7S
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Revised 12/2022
AT&T Texas
at
Melissa McElyea Phone: 817-718-4055
&t 117 W Columbia St Fax: 817-598-2039
Weatherford, TX 76086
October 18, 2022
RE: Tarrant County — 313 Paloverde, Fort Worth, TX
Woodhaven Country Club Estates
Utility Easement Encroachment Request
Block 15, Lot 21 in the UE between lots 21 and 22
In response to the request for the encroachment on a portion of the 30-ft utility easement between
lots 21 and 22 in Block 15, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no
objections to the requested encroachment for driveway placement as highlighted on the attached
sketch, Plat found in Tarrant County Clerk File Recorded in Volume 388-76, Page 13.
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
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 facilities would be at your expense.
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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CM �- C�ntro4 MpnUment, SHEET OF
IRF - Iran Rod Foun-d,
IRS - Iran, R� Set, stgmPe4
f3-0aaley RPL5 6066.
UE — utility Eamament-
f L RuildPng Line.
Elosls of fiearin s; NAIDW (i411) Don:(2010.0) Texas
Month Oentrol ZWLe, Gnrq Scala Factor= 0.999962%55
9 3q 100 15E1
CALF f'=off'
RIGHT—OF—WAY
ENCROACHMENT
- .
Spectrum®
October 13, 2022
George and Shannon Broyles
313 Paloverde Ln
Fort Worth, TX 761132
SUBJECT: Encroachment of 313 Paloverde Ln, Fort Worth, TX 76132.
Spectrum Communications hereby grants a 10 ft encroachment for the purpose of a fence that was built
into a portion of the utility easement 10 ft General Utility Easement associated with the property located
at 313 Paloverde, within the City of Fort Worth, Texas 76132. 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,
rO# AM 10/14/2022
Date: October 10, 2022
Customer Name: George and Shannon Broyles
Street Address of encroachment: 313 Paloverde Ln, Fort Worth, Texas, 76112
Re: X: PENCE ENCROACHMENT, - 313 Paloverde Ln, Fort Worth, Texas, 76112, LOT 21,
BLOCK 15, WOODHAVEN COUNTRY CLUB ESTATE ADDITION, to the City of Fort
Worth, Texas,
Dear M/M Broyles:
I have received your request to construct a wood fence replacement of the previous fence that was
tom down to accommodate development construction in the area at the above referenced location
in which the fence encroaches into a Platted Utility Easement.
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 and shown in the
attachments provided for the encroachment permit.
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.
if you have any questions or ,need additional information, please contact the Oncor office at
:(817)
Budd G. Rodgers, SRIWA
7860 Winbrook Dr
Benbrook, TX 76126
432-234-9052
October 14, 2622
George & Shannon Broyles
313 Paloverde Lane
Fort Worth, Texas 76112
Re: Fence Replacement —313 Paloverde Lane, Fort Worth Texas, Tarrant County in the Highwoods
Village Addition, Block 15, Lot 21.
+vlr-.& Mrs. Broyles:
Please be advised Atmos Energy does not oppose to your proposed fencing at 313 Paloverde Lane, Fort
Worth, 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
prior to the installation of your fence for safety purposes.
If further information or verification is needed, please let me know.
Kind Regards,
Don Trujillo
Right of Way Agent,11
972 469-5549
donald.truiilloC atmoseneray.com
Almos Energy Corporation
5420 LSJ FRWY, Dallas TX 75240
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Revised 12/2022
9800 Fredericksburg Road
San Antonio, Texas 78288
VSAW
GEORGE C BROYLES AND SHANNON J BROYLES
313 PALOVERDE LN
FORT WORTH, TX 76112
Reference: Existing USAA Homeowners Insurance Policy Summary
September 13, 2022
We're writing to provide the following summary of the USAA homeowners policy:
Effective date of policy: June 18, 2022 12:01 a.m. local time
Policy expiration date: June 18, 2023 12:01 a.m. local time
Policy location: 313 PALOVERDE LN,
FORT WORTH, TX 76112
Policy number: CIC 008078710 98A
Named Insured: GEORGE C BROYLES AND SHANNON I BROYLES
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:
$465,000
Included
$232,500
$1,000,000
$5,000
$1,000
1.00% ($4,650)
$3,118.74
USAA FSB
PO BOX 7729
SPRINGFIELD , OH 45501
1803343894
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.
008078710 - DM-04664 131780-0521