HomeMy WebLinkAboutContract 60355Date Received: 10/24/2023 Record Number: PN22-00193
Time Received:
8:59 a.m.
City Secretary No.: 60355
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER H
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 Emilio G. Sanchez and Laura D.
Sanchez ("Licensee"), Property Owners.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 309 Paloverde
Lane, Fort Worth, Texas 76112 ("Property"), as recorded in Deed Records as Lot 22,
Block 15 and a portion of Lot 23, Block 15 WOODHAVEN COUNTRY CLUB
ESTATES, SIXTH FILING, and addition to the City of Fort Worth, Tarrant County,
Texas, according to plat thereof recorded in Volume 388-76, Page 13 and a portion of Lot
23, Block 15, by Instrument Number D209123770, 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 easements (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
OFFICIAL RECORD
Tier II Easement Encroachment Agreement CITY SECRETARY Page 1 of 14
FT. WORTH, TX Revised 12/2022
Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and
occupy a portion of the City's Public Property as described in and at the location shown
on Exhibit "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.
0
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.
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Revised 12/2022
J
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.
11
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
Tier II Easement Encroachment Agreement Page 3 of 14
Revised 12/2022
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.
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
$ 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 Homeowners Insurance is attached as
Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and
Tier II Easement Encroachment Agreement Page 4 of 14
Revised 12/2022
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.
III
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Agreement in the
real property records of the county in which the Encroachment is located. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth.
12.
Licensee agrees to comply fully with all applicable federal, state, and local laws,
statutes, ordinances, codes, and regulations in connection with the construction,
operation, and maintenance of the Encroachment and use of the Public Property.
13.
Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for
by this Agreement or by any federal, state, or local statute, law, or regulation.
14.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant, or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
15.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain, and locate the Encroachment over or within
the Public Property and is not a conveyance of any right, title, or interest in or to the
Public Property, nor is it meant to convey any right to use or occupy property in which a
Tier II Easement Encroachment Agreement Page 5 of 14
Revised 12/2022
third -party may have an interest. Licensee agrees that it will obtain all necessary
permissions before occupying such property.
16.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorneys' fees.
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
Tier II Easement Encroachment Agreement Page 6 of 14
Revised 12/2022
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 7 of 14
Revised 12/2022
City:
CITY OF FORT WORTH
By: DJ Harrell (Oct 23,202311:14 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Oct 23, 2023
p O�F�nIl�
ORT oa
ATTEST: �o
�o
Qua �j .�k�-�yy p�4p nEX A?o�.d
llJannette Goodall,
City Secretary
Date: Oct 24, 2023
Licensee:
Property Owners
By.
Name: Emilio G. Sanchez
Title: Property Owner
Date:
gy:
me: Lau Sanchez
Title: Property Owner
Date: /0 - 13- 20-2-1!�
Approved As To Form and Legality
V
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.
Re-b&cc'a' ne;q ce-Ox"'-/V
Rebecca Diane Owen (Oct20, 202312:48 CDT)
Rebecca Owen
Development Services
Date: Oct 20, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 8 of 14
Revised 12/2022
rwta�:::.yJ_9 �C", ha - tyAMMUL w�I M
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 , 2023 .
WendLDigitally signed by
Y� Wendy L. Beardslee
Bea rd s I ee Date: 2023.10.23
11:26:14-05'00'
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�PRyPUe WENDY L BEARDSLEE
z n Notary Public
* * STATE OF TEXAS
N GGVVV P Notary I.D. 13323719-3
OF My Comm. Exp. July 28, 2025 '
Tier II Easement Encroachment Agreement
Page 9 of 14
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1"Ok on this day personally appeared Emilio G. Sanchez, 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 134` day of
C Ulf ,V , 20 >�
MELLISSAHESS
My Notary ID # 126192396
Expires July 24, 2027
Notary Public in and for the
State of tX v dt.,
Tier II Easement Encroachment Agreement
Page 10 of 14
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
S , on this day personally appeared Laura D. Snachez, 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 MOXY
20 V> .
Notary Public in and for the
State of
MELLISSA HESS '
My Notary ID # 126192396
''p aF •�+�' Expires July 24, 2027
Tier II Easement Encroachment Agreement
Page 11 of 14
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 12 of 14
Revised 12/2022
LOT 1 30' D.E. It U.E I ,
5 07° 08 17" W
BLOCK Iq I 148.30'
i ,riser
un
�1M tronsfa er (A t 87" OSl/ 17" E) 152.E ,6 I I '!,riser I
112
I RF �` J jd`U . E. —` -�-1 60d GR�F
VOL. D R.T.G.T. 1476 -� - t f shetone LOT 22 I
= �9 a .` 164 AND P RTIONI
6OF
- 2.5
.8'
O . IF N m COVERED LOT 23
E - C) T= PPPP POOL VOL. 6893, PG. 1341� 0
` D.R.T.G.T.
21,056 50. FT.0.4540 AC.
LOT
7f found'
IRF �G0d: 9.9' 0.'01o.4e0
N 8q 44'
0411 W -: j ONE STORY
5.001 11•0' 11"l BRICK $ FRAME 2-o',W
Q
N `a2.2'dgr0
(N 00' 19 00II Ei �r ' '.''t 38.9 C6 S 2 0
N 00 151 56 E brick
, t.�'
56.39
I 10' U.F—� —» o column%O.
1 gyp' 16/ Q
I
I/2" IRFRF
I R L r 123�.40'r— : Lts. L_,
R "L(oo•�" S 7813�o 6 ►
'
PALR ` 268 e'°4 ► �iRF
� ��1
RD
150' R" O E LA 1 Y
w., E
JEFFREY W. HERRON
.......................
0 5379
ti Ii�JF•�
Address: 309 PALOVERDE LANE
G.F. No.: CV441
Date: 04/01/09
is valid only with signature in black ink.
I, Jeffrey W. Herron, Registered Professional Land Surveyor do hereby
declare that the map shown hereon accurately represents the property as
determined by an an -the -ground survey made under my direct supervision,
and correctly shows the boundary lines and dimensions of the property
indicated hereon. There ore no visible conflicts, or protrusions, except as
shown and said property has access to a public roadway. All easements and
right-of-ways that the surveyor has knowledge of or has been advised of
and those shown on the referenced plat of record ore shown or noted
hereon. This survey is for the exclusive use of title company, the mortgage
company and the hereon named purchaser.
LOT 21
POINT OF
BEGINNING
Easements recorded in Volume 661, Page 249, Volume 1157, Page
9B, Volume 3227, Page 509, Volume 4043, Page 665, Volume 4816,
Page 850, Volume 4864, Page 562, Volume 5007, Page 112, Volume
5062, Page 939, Volume 5176, Page 342, RPRTGT, have no effect
on this lot.
Texas Electric Service Co. Agreement recorded in Volume 5340,
Page 182, RPRTGT, provides electric service to the house.
This Lot is shown as being located in Zone "X" by Flood Insurance
Rate flap No. 48439CO313 J, dated August 23, 2000. It is not
shown as being located in a Special Flood Hazard Area Inundated by
100-Year Flood.
LEGAL DESCRIPTION 1
SEE ATTACHED FIELD NOTES DESCRIPTION:
ACCEPTED BY: tAwc- c ?�
UTILITY EASEMENT ENCROACHMENT
Woodhaven Country Club Estates, Phase VI
Lot 22, Block 15,
TRACT 1:
Being 741 square feet of land located in a portion of Lot 22, 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 RM1 SRF PROPCO B, LP, recorded in County
Clerk's Instrument No. D222164997, Deed Records, Tarrant County, Texas. Said 741 square feet
of land being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the northwest corner of said Lot 22, said iron rod lying in
the south line of Lot 1, Block 19, of said Woodhaven Country Club Estates, Phase VI;
THENCE N86°30'55"E, along said south line, a distance of 148.03 feet to a point;
THENCE SO4°13'02"E, a distance of 5.00 feet to a point;
THENCE S86°30'55' W, 5.0 feet south of and parallel with said south line, a distance of 148.37
feet to a point lying in the west line of said Lot 22;
THENCE N00019'42"W, along said west line, a distance of 5.01 feet to the point of beginning,
containing 0.017 acres (741 square feet) of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
DRAINAGE & UTILITY EASEMENT ENCROACHMENT
Woodhaven Country Club Estates, Phase VI
Lot 22, Block 15,
TRACT 2:
Being 311 square feet of land located in a portion of Lot 22, 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 RM1 SRF PROPCO B, LP, recorded in County
Clerk's Instrument No. D222164997, Deed Records, Tarrant County, Texas. Said 311 square feet
of land being more particularly described as follows:
BEGINNING at a point for the northeast corner of said Lot 22, said point being the northwest
corner of Lot 21, of said Block 15 and lying in the south line of Lot 1, Block 19, of said
Woodhaven Country Club Estates, Phase VI;
THENCE S26°31'05"W, a distance of 65.34 feet to a point;
THENCE N63°42'40"W, a distance of 1.25 feet to a point;
THENCE N04°13'02"W, a distance of 2.45 feet to a point;
THENCE N26°31'05"E, a distance of 56.03 feet to a point;
THENCE S86030'55"W, a distance of 28.64 feet to a point;
THENCE N04"13'02"W, a distance of 5.00 feet to a point;
THENCE N86030'55"E, a distance of 34.47 feet to the point of beginning, containing 0.007 acres
(311 square feet) of land.
DRAINAGE & UTILITY EASEMENT ENCROACHMENT
Woodhaven Country Club Estates, Phase VI
Lot 22, Block 15,
TRACT 3:
Being 13 square feet of land located in a portion of Lot 22, 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 RM1 SRF PROPCO B, LP, recorded in County
Clerk's Instrument No. D222164997, Deed Records, Tarrant County, Texas. Said 13 square feet
of land being more particularly described as follows:
BEGINNING at a point lying in the east line of said Lot 22, from which the southeast corner of
said Lot 21 bears S23°13'23"W 79.12 feet;
THENCE N87045'03"W, a distance of 5.35 feet to a point lying in the west line of a Variable width
Drainage & Utility easement according to said Woodhaven Country Club Estates, Phase VI;
THENCE N23013'23"E, along said Variable width Drainage & Utility easement, a distance of 2.68
feet to a point;
THENCE S87045'03"E, a distance of 5.35 feet to a point lying in said east line;
THENCE S23013'23"W, along said east line, a distance of 2.68 feet to the point of beginning,
containing 0.0003 acres (13 square feet) of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
SEE 8-1/2"X11" PLATS ATTACHED
SHEET 1 OF 2
Dick S. Jones
Registered Professional
Land Surveyor No. 5524
j REGISTERED PROFESSION SURVEYORS
I I I
F I I ERBERT S
T �' • Iurn i.°P.
y I I EASLEY
I I LAND °,T OGRAPHIC
K S. ES I I • CONSTRU11 SURVEYING
..Y....... ..... ....... % •. FIR N . 10094900
0 55 METRO 1 81 T-429-0194
!, ...s s t ° •;t04 I I P. 0. BOX 8873 FAX II817-446-5488
.gu v. I I FORT WORTH, TEXAS 76124 hsbias$yOmsn.com
DICK S. JONES
REGISTERED PROFESSIONAL I �� LOT 1, BLOCK 19 I
LAND SURVEYOR No. 5524 d I WOODHAVEN COUNTRY CLUB I
4 Prepared 22 September 2022 I ow
I ESTATES, PHASE VI I
� p I I V.388-76, P.13 I
Revised 16 August 2023
Tract 1 I I I I
Utility Easement I 30.0' ,
Encroachment I I TRACT 2
741 SF (0.017 acres) I I TRACT 1 POINT 2 I
POINT OF I I/BErANNINGBEGINNING tT — -- — — ,/s'IRF
---N 86'30'55" E -- 148.03-`�---__5'----- ---1
"I F — ' L1
I
S 86'30'55" W 148.37' I `r L6 I I
N 00`19'42* W Tract 2 I h I I
5.01' ' Drainage do Utility I
Encroachment
311 SF (0.007 acres) I Tract 3 I
L4 Drainage & Utility 21 I
L3 / Encroachment Block 15 I
13 SF (0.0003 acres)
5/8"IRF
L11 / TRACT 3
Lot 22 L1?i POINT OF
Block 15 L1 L9 BEGINNING I
I
WOODHAVEN COUNTRY CLUB / 20• / LINE TABLE
ESTATES, PHASE VI ���� LINE BEARING LENGTH
V.388-76, P.13
�> j� P.R.T.C.T. / L1 SO4'13'02"E 5.00
�'0 / I L2 S26'31'05"W 65.34
( I / L3 N63'42'40"W 1.25
L4 N04'13'02"W 2.45
/ I L5 N26'31'05"E 56.03
L6 S86'30'55"W 28.64
PALOVERDE LANE \ I L7 N04'13'02"W 5.00
L8 N86'30'55"E 34.47
L9 N87'45'03"W 5.35
L10 N23'13'23"E 2.68
L11 S87'45'03"E 5.35
L12 S23'13'23"W 2.68
CM — Control Monument. SHEET 2 OF 2 \ I
IRF — Iron Rod Found.
UE — Utility Easement.
BL — Building Line.
1
Basis of Bearings: NAD83 (2011) Epoch:(2010.0) Texas DRAINAGE and UTILITY
North Central Zone. Grid Scale Factor: 0.9998625655
0 50 100 150 LA5LN1L11T L.1'4GROAGF1ME11 F
SCALE 1'=50' WOODHAVEN CC 15-22 ESMT.IWG
Exhibit D
Elevation / Profile Drawing Specific to Encroachment
r • X B' PICKET, rYP,
' - 2' X 8' TOP CAP T" X 4' 7RIN INSTALLED IN BOARD ON
BOARD FASHION✓
COMCRETE
POST FC' TING
PEA CRAVE[
� 2• X 6' CAP
+ � r•xs•mw
+� 2' X 4' PRESSURE
�y TREArM STR#VWRS
VSE GALVANIZED HARDWARE
ONLY. ZING CVATLD IS NOT
TD BE USED.
ALL PICKETS ARE TO BE
ATTACHED 1"TH SCREWS.
A14ILWG IS NOT ALlOWEO,
PICKETS TO BE WrALLM AN TYPCAL
BOARD ON BOARD ARRANGEMENT
ALL PNCKE75 TO 8£ CEDAR
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8, SINGLE SIDED, BOARD ON BOARD FENCE SECTION
i N.T.S. N.T.S.
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-1" X G" CEDAR BOARD ON BOARD
i
.00
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i
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FENCE FOOTING - CONCRETE 8" DIAMETER Br 3'-0" DEEP.
WOOD FENCE ELEVATION
3/4" = 1'-0"
1'
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 13 of 14
Revised 12/2022
�TMOS
energy
October 14, 2022
Emilio & Laura Sanchez
309 Paloverde Lane
Fort Worth, Texas 76112
Re: Fence Replacement —309 Paloverde Lane, Fort Worth Texas, Tarrant County in the Highwoods
Village Addition, Block 15, Lot 22.
Mr.& Mrs. Broyles:
Please be advised Atmos Energy does not oppose to your proposed fencing at 309 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,
on ruj1Io
Right of Way Agent, II
972 469-5549
donald.truiillo@atmoseneray.com
Atmos Energy Corporation
5420 LBJ FRWY, Dallas TX 75240
ONC�R
Date: October 10, 2022
Customer Name: Emilio & Laura Sanchez
Street Address of encroachment: 309 Paloverde Ln, Fort Worth, Texas, 76112
Re: X: FENCE ENCROACHMENT, - 309 Paloverde Ln, Fort Worth, Texas, 76112, LOT 22,
BLOCK 15, WOODHAVEN COUNTRY CLUB ESTATE ADDITION, to the City of Fort
Worth, Texas,
Dear M/M Sanchez
I have received your request to construct a wood fence replacement of the previous fence that was
torn 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 el1Cl'OaChment 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 ne additional information, please contact the Oncor office at
(817J443-3 ...
Sinc
Budd G. Rodgers, SR/WA
7860 Winbrook Dr
Benbrook, TX 76126
432-234-9052
�� AT&T Texas
Melissa McEI ea Phone: 817-718-4055
a `t &t 117 W Columbia St Fax: 817-598-2039
Weatherford, TX 76086
October 18, 2022
RE: Tarrant County — 309 Paloverde, Fort Worth, TX
Woodhaven Country Club Estates
Utility Easement Encroachment Request
Block 15, Lot 22 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 fence 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,
kox,A aeQ,Lu�
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
RECtSTERM PR MSI+9 Sl1RYEM+ K
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hERIBERT S. L Lp.
EASLEY L.ANO A
GRAPHIC
K ES ! , CGNSTRUSURVEYING
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�"F1. 10094900
WETR0181-429-0194
•`O� 1 a�;: • E
P. 0, BOX 8873 FAX 81-448-5488
y sU�V 1 I FORT WORTH, TEXAS 76124 hib%asopyamm.eom
DICK S, JONES �� II II
REGISTERED PROFESSIONAL LOT 1, BLOCK 19 I
LAND SURVEYOR No_ 5524 II ! WOOOHAVEN COUNTRY CLUB i
! ESTATES, PHASE Yl
Prepared 22 Wembs 2022 I A _ I V.388-76, P.13 I '
! 'sib ! P.R.T.C.T. 1
r A'o! 1
I 1 ! .
j POINT OF I N 86'30'55" E 1
BEGINNING! 130.00' —
—�1/s'ter
-.r r r sea SO 1-- ^ — — s Oil 3'02" E
---- I m0 � I 8.66 �
I _c; 6
Right -Of -Way Encroachment i
1,675 SF (0.038 acres)
Lot 22
Block 15
I I
I I WOODHAVEN COUNTRY CLUB
ESTATES, PHASE V1
V-388-76, P.13
P.R.1.C.T.
PALOVERIDE LANE
CM - Control Monument.
IRF - Iron Rod Found.
IRS - Iron Rod Set, stamped
Beasley RPLS 6066.
UE - Utility Easement.
BI. - Building Line.
40-
M1'03'57' -'-
R-268.81
L-5.00
LC-N B7'36'51" W
5.00
1
,
5/5-IRF
f 21
\' Block 15
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SHEET 2 OF 2 \ 1 I
Basis of Bearings; NA08J (2011) Epoch;(2010,D) Texas
North Centrat Zane, Grid Scale Factor: 0,9998625655
U 50 IDS 15D
SCALE 1'=50'
RIGHT -OE -WAY
ENCROACHMENT
NOWHAAN CC 15-22 LSWr. )M
Spectrums.
October 13, 2022
Emilio and Laura Sanchez
309 Paloverde Ln
Fort Worth, TX 761132
SUBJECT: Encroachment of 309 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,
=01
Charter
s
pectru, , a►
Jessie Acevedo) Business Development Specialist I (C) 469 595-3004
1565 Chenault St, Dallas TX ,75228
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 14 of 14
Revised 12/2022
TRQVELERSJ
Homeowners Policy Declarations
Named Insured and Mailing Address
EMILIO SANCHEZ
309 PALOVERDE LN
FORT WORTH, TX 76112-1122
EMIL1O212@HOTMAIL.COM
Residence Premises
309 PALOVERDE LN
FORT WORTH, TX 76112-1122
Mortgagee Name and Address
1. WELLS FARGO BANK NA #708
ISAOA
PO BOX 5708
SPRINGFIELD, OH 45501-5708
LOAN NUMBER: 0214117962
Policy Information
Your Policy Number
Your Account Number
Your Insurer:
612585130 633 1
Your Agency's Name and Address
HANBYINSURANCE
107 N GOLIAD ST
ROCKWALL, TX 75087
For Policy Service 1.972.285.0381
For Claim Service 1.800.252.4633
TRAVELERS PERSONAL INSURANCE COMPANY
a subsidiary or affiliate of The Travelers Indemnity Company
One Tower Square, Hartford, CT 06183
The policy period is from September 17, 2022 at 12:01 A.M. STANDARD TIME to September 17, 2023 at
12:01 A.M. STANDARD TIME at the residence premises.
i vt +-'rernium for this Pole
This is not s bill. The mortgagee will be billed separately for this policy.
Discounts
The following discounts reduced your premium:
Multi -Policy Early Quote
Good Payer Fire Protective Device
Savings Reflected in Your Total Premium:
Coverages and Limits of Liability
Property Coverage Section
Coverage A — Dwelling
Coverage B — Other Structures
Coverage C — Personal Property
Coverage D — Loss of Use
Loss Free
$425, 000
$42,500
$212,500
$85,000
$3,827.00
$2,142.00
PL-50355 TX (05-17) Insured Copy Page D-1
479/ODHG91
TRAVELERS J
Liability Coverage Section
Coverage E — Personal Liability - Bodily Injury and Property Damage (each occurrence) $500,000
Coverage F — Medical Payments to Others (each person) $5,000
Deductibles
Peril Deductible
Deductible
Property Coverage Deductible (All Perils) 1 % of Coverage A - Dwelling Limit $4,250
Equipment Breakdown Deductible $500
Buried Utility Lines Deductible $500
In case of loss under the Property Coverage Section, only that part of the loss over
the applicable deductible will be paid (up to the coverage limit that applies).
Special Limits and Additional Coverages The limit shown for each of the
Coverage Level: Travelers Protect' Special Limits of Liability and Additional Coverages
is the total limit for each loss in that category.
Personal Property — Special Limits of Liability
Limit
a. Money, bank notes, coins, stored value cards
$250
b. Securities, accounts, passports, tickets, stamps
$1,500
c. Comic books and trading cards
$1,000
d. Collectibles, figurines, glassware, marble, porcelains, statuary
$1,000
e. Theft of jewelry, watches, precious stones
$1,500
f. Theft of furs
$1,500
g. Theft of silverware, goldware, pewterware
$1,500
h. Theft of firearms and related equipment
$1,500
L Theft of tools and their accessories
$1,500
j. Theft of rugs, tapestries and wall hangings
$1,500
k. Business property on the residence premises
$3,000
I. Business property away from the residence premises
$1,500
m. Trailers or semitrailers not used with watercraft
$1,500
n. Motor vehicle parts or equipment not attached to motor vehicle
$500
o. Electronic apparatus while in or upon a motor vehicle or watercraft
$1,500
The Special Limits of Liability do not increase your Coverage C — Personal Property Limit.
Property —Additional Coverages
Limit
Debris Removal (Additional % of damaged covered property limit)
5%
Tree Removal Per Tree $500 Per Loss $1,000
Trees, Shrubs and Other Plants Per Tree $500 Per Loss $21,250
(5% of Coverage A - Dwelling Limit)
Fire Department Service Charge
$500
Credit Card, Fund Transfer, Forgery and Counterfeit Money
$1,000
Loss Assessment
$1,000
Landlord Furnishings
$2,500
PL-50355 TX (05-17) Insured Copy Page D-2
479/ODHG91
TRAVELERS
Named Insured EMILIO SANCHEZ
Policy Period September 17, 2022 to September 17, 2023
Property —Additional Coverages (continued)
Ordinance or Law (10% of Coverage A - Dwelling Limit)
Personal Records and Data Replacement
Limited Fungi or Other Microbes Remediation
Policy Number 612585130 633 1
Issued On Date September 1, 2022
Limit
$42,500
$1,500
$5,000
The applicable policy deductible applies unless otherwise noted
Liability —Additional Coverages
Limit
Damage to Property of Others
$1,000
Loss Assessment
$1,000
Please review your policy for other Personal Property Special Limits of Liability and Additional Coverages that may apply.
Optional Coverages and Packages
Optional Coverages
Endorsement
Limit
Premium
Personal Property Replacement Cost Loss Settlement
HQ-290 CW (02-21)
Included*
Additional Replacement Cost Protection Coverage
HQ-420 CW (11-18)
$106,250
Included*
25% of Coverage A - Dwelling Limit
Foundation Coverage
HQ-468 TX (05-17)
Included*
Optional Packages
Endorsement
Limit
Premium
Enhanced Water Package
Included*
Water Back Up and Sump Discharge or Overflow Coverage
HQ-208 CW (08-20)
$10,000
Limited Hidden Water or Steam Seepage or Leakage
HQ-209 CW (08-18)
$425,000
Coverage
Roof and Siding Matching Package
Included*
Matching of Undamaged Roof Surfacing Additional Coverage
HQ-700 CW (05-18)
$10,000
Matching of Undamaged Siding Additional Coverage
HQ-701 CW (05-18)
$10,000
Buried Utility Lines and Equipment Breakdown Package
$45.00
Equipment Breakdown Coverage
HQ-855 CW (05-17)
$50,000
Buried Utility Lines Coverage
HQ-856 CW (08-20)
$10,000
*Note: The additional cost or premium reduction for any optional coverage or package
shown as 'Included" is contained in the Total Policy Premium Amount.
Required Forms and Endorsements Included in Your Policy: Form: 633
Policy Quick Reference
HQ-T77 CW H2 (05-17)
Agreement, Definitions & Policy Conditions
HQ-D77 CW (05-17)
Property Coverage Section
HQ-P03 CW (05-17)
Liability Coverage Section
HQ-1_77 CW (05-17)
Signature Page
HQ-S99 CW (05-17)
Special Provisions -Texas
HQ-300 TX (01-22)
Additional Benefits
HQ-860 CW (08-18)
PL-50355 TX (05-17) Insured Copy Page D-3
479/ODHG91