HomeMy WebLinkAboutContract 60926Date Received: 2/12/2024 Record Number: PN23-00142
Time Received:
10:09 a.m.
City Secretary No.: 60926
PUBLIC PROPERTY EASEMENT ENCROACHMENT LICENSE AGREEMENT
TIER 11
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 Day Care Association of Fort
Worth and Tarrant County, a(n) Texas Nonprofit Corporation ("Licensee"), acting by and
through its duly authorized signatory.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 2400 East I"
Street, Fort Worth, Texas 76111 ("Property"), as recorded in Deed Records as, Lots 2R
and 3R, F.A. Hightower Subdivision, by Instrument Number D192000175, in Tarrant
County, Texas, and;
WHEREAS, the City owns a drainage easement and has an interest in a public
utility easement (the "Public Property") adjacent to the Property, and as recorded in the
plat records, Volume 388-204, Page 5, of Tarrant County; 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
Tier II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing,
installing, and maintaining private awnings, canopies, storm drain fence and pedestrian
walkway (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 12
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 12
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
$1,000,000
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 12
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 12
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 12
Revised 12/2022
City:
CITY OF FORT WORTH
By:DJ Harrell (Feb 9, 202416:57 CST)
D.J. Harrell, Director of the
Development Services Department
Date: Feb 9, 2024
ATTEST:
A.
Jannette Goodall,
City Secretary
Date: Feb 12, 2024
�FORr°�a
a°tea °o9.�v
dean nE�p5a4
Licensee:
Day Care Association of Fort Worth and
Tarrant County, �
a Texas nonbrofi com6ration
By:
Name: ara Waddell
Title: CE /Pr sident
Date: 116120N
( I
Approved As To Form and Legality
i
Jeremy Anato-Mensah
Assistant City Attorney
Date: Feb 9, 2024
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
kebecca Drain Dwell
Rebecca Diane Owen (Feb 9, 202412:43 CST)
Rebecca Owen
Development Services
Date: Feb 9, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 12
Revised 12/2022
iii" I:19'10 ra l!1 N aIJ l& :- �:lrl� 1K 111%1 Dlr1J►�r � �t�tii
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 this9th day of
February 2024
a CPRYPL6 WENDY L BEARDSLEE
uJ 2FW'14� „_ Notary Public ,
+ * STATE OF TEXAS
Notary Public in and for the State of Texas N9}� Notary I.D. 13323719-3 '
My Comm. Exp. July 28, 2025 '
After recording return to:
Development Services Department
Development Coordination Office
200 Texas Street
Fort Worth, Texas 76102
Tier II Easement Encroachment Agreement Page 8 of 12
Revised 12/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Kara Waddell, President & CEO 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 deed of Day Care Association of Fort Worth and Tarrant
County, a(n) Texas Nonprofit Corporation (entity type), and in the capacity therein
stated.
/ ••'
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of,
2Q0 4a�'
L?!
)IVX4� /j /7,)m Ille gda?il
Notary P lic,i4 and kojthe
State of �iq-s
ARPENNY LYNN MCCLELLAND ,
;Xb My Notary !D # 124104165
Som January 17, 202E I.
Tier II Easement Encroachment Agreement Page 9 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
�I N
EXIST. PUBLIC 0 20 40 80
• j 18" SANITARY
SEWER LINE
>I (M-172R) GRAPHIC SCALE IN FEET
PRIVATE PEDESTRIAN
WALKWAY ENCROACHMENT I 3
I (28 LF) o
r X X �QI--�—
I- EXIST. PRIVATE FENCE
ENCROACHMENT (55 LF) I
• I
- PRIVATE 8" STORM LINE N
IENCROACHMENT (172 LF)
EXIST. PUBLIC - f
6" SANITARY
SEWER LINE I N�
(L-4971) HL I x x '
��
9. _ i'SS.,9 Z --o
EXIST. PRIVATE FENCE
ENCROACHMENT (96 LF)
EXIST. PRIVATE CANO'Y
ENCROACHMENT (53 LF)'
EXIST. OVERPEAD ONCOR LINE
EXIST. WATER METER 6(TYP.)
CL 2i
La I <� o
U
I E G E N =>
JT "'� ,
EXIST. PUBLIC
12" WATER LINE
(X-9543)
95
P.
EASEMENT ENCROACHMENT EXHIBIT
PROPERTY LINE EXHIBIT ■•/A••
- - EASEMENT LINE
ENCROACHMENT 4060 Westwood8l7.412.7155
AD
ORWORTH,
IRXI SR 9
TX REG. SURTX REG. INEERING VEYING FIRM^LS-10008001 ORAWN CDSBY I CHECKED BY I 1'=40- I CALE 12/12/2023 I 0042859E00
o
Q
z
w
0
�o
N
O QU
N O
� 0
O
H 0)
z Lr)
w 00
U N
Qo
�O
3z
545
a
540 y
J
M
M
�
F
III
Q
�p
N
0 20 40 80
GRAPHIC SCALE IN FEET
0 5 10
VERTICAL SCALE: 1"=5'
545
540
EXIST. GRADE535 I u` 535
i L_ _ PROP. GROUND
PROP. 8"
I W UKM LINt
I
530 0) 530
STA:1 +52.8:
STA: 1+38.32- r-LM taHC/L< <L 529.76
SANITARY SEWER I (12/08/23)
TO 527.96f
(V
525
6l4•1
525
-START LIMIT OF
520 ENCROACHMENT
1 +00 I 2+00
PROFILE: ST-A
EASEMENT ENCROACHMENT PROFILE VIEW
EXHIBIT "B"
4060 15H IRI SR ROAD
FORT WORTH,
TX REG. SURTX REG. INEERING VEYING FIRM^LS-10008001 ORAWN CDSBY I CHECKED BY I 1''=40- I SCALE 12/12/2023 I 0042859E00
535
'o I:XISTING_�RADE
n
s
530 t-t<UFl. 8 STORM DRAT
TP=526.75f
525 EXIST. 12" TP=526.5t
WA I LM LIIVt
(26' OFFEET)
TP=522.58t 1
m EXIST. 6" !;EWER LINE
w cJ20 (12• OFFSEr)
T
i
u
515
Ln
co
N
o
O
O
co
Z
Z
Of 510
o —0+50 0+00
U
N PROFILE: ST-A
w
0
�o
N
O QU
N O
\ 0
O
H 0)
Z Ln
W oo
Q o TX REG. ENGINEERING FIRM F-469
Z TX REG. SURVEYING FIRM LS-10008001
N
0 20 40 80
GRAPHIC SCALE IN FEET
0 5 10
VERTICAL SCALE: 1"=5'
I 535
IPROP. 6"
/ JIuKM DRAIN
7
z-- TP=530.40f
r 530
— TP=527.9t
525
v
N
a 520
rn
I 510
1 +00 1 +50
EASEMENT ENCROACHMENT PROFILE VIEW
EXHIBIT "C"
Westwood8l7.412.71554060 ORTH IRXI SR ROAD
DA TE JOB NUMBER
12/12/2023 0042859.00
DRAWN BY I CHECKED BY SCALE
CDS WMS 1'=40'
540
REMOVABLE PEDESTRIAN
WALKWAY WITH HANDRAILS
535
EXISTING GRADE
T-
530 -'
525
STA: 0+16.2.L
SANITARY SEWER
TP: 523.1 t
520
540
535
530
525
We]
0
w 515 515
w 0+00 0+30
U
z z PROFILE:PR. WALK
W
� H
�o
N
O QU
N O
\/
O
H 0)
Z Ln
W oo
Q o TX REG. ENGINEERING FIRM F-469
Z TX REG. SURVEYING FIRM LS-10008001
N
0 20 40 80
GRAPHIC SCALE IN FEET
0 5 10
VERTICAL SCALE: 1 "=5'
EASEMENT ENCROACHMENT PROFILE VIEW
EXHIBIT "D"
4060 Westwood8l7.412.7155ORTH IRXI SR ROAD
DRAWN BY I CHECKED BY SCALE DA TE JOB NUMBER
CDS WMS 1'=40- 12/12/2023 0042859.00
`O
Q
V
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
at&t
August 31, 2023
AT&T Texas- ROW -
Mclissa McElyea
117 W Columbia St
Weatherford, TX 76086
817 718-4055
RE: Tarrant Regional Water District
2400 East First Street, Fort Worth, Tx
F.A. Hightower Sub., Lot 1, Schaffer -Billingsley Addn, Lot 1-13
Utility Easement Encroachment Request
In response to the request for the encroachment on a portion of the 44.08' x 153.89' x 42.19' x
145.36' section of the East First Street utility easement, Southwestern Bell Telephone Company,
d/b/a AT&T Texas, has no objections to the requested encroachment for a private 8-inch
stormwater line, canopy and fence as shown on the attached sketch.
Easement found in Tarrant County Clerk Files recorded as Volume 388-204, Page 5 and City
Ordinance 9746.
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.
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
I
F
�t x r,
PREP. PEDESTRIAN WALKWAY
ENCROACHMENT 1
EXIST. FENCE
ENCROACHWENT
Y4
I .
Si
EXIST_ FENCE I
ENCROACHMENT I CAUTION CROSSING
EICk CANOPY PROP. R" STORM FL=551_6±
ENCROACHMENT I ASSUMED EXIST, T2`
WATER 4' BEL014
Q + ° F1 EXIST. 12" WATER TP=527.9t
l
` I I
I � �
I
� � 1
EXIST. STORM 12FUEIET LEVCR &CMNETF
I T
EXIST, SEWER
EAST. "WATER EXHIBIT ""
EXIST ELECTRIC
EXIST. TELECOMkA � *` � � ,�I *� 4 T C'ZYANT IRVIN ROAD
EHCd70ACHMENT 2RT WORTH. TX 76109
a vvwtwu4*d company 8i7,d1+,7155
T): REG. ENGINEERING
PKEP
WFR
TX REG, SURVEINO RRM�L.S-10008401 Tarr Sar I c+ a
YildS r I 1 �40' I 08/01/2023 ` OD42659M
20 6 t3 80
GRAPHIC SCALE IN FEET
— O
i
.. I
PROP, 8" STORM LINE .5
ENCROACHMENT
CAUTION CR05SING
PROP. 5' STORM FL-551-5f
EXIST. 6" SEWER TP=527,9f
AkTMOS
energy
August 2, 2023
Walter Sargent
Pacheco Koch
Fort Worth, Texas
Re: Encroachment into Utility Easement-GRAGG
Upon your request I have reviewed the location of the gas facilities near
your project site. Atmos does not object to the encroachment located at the
property listed above. Verification of the gas line can be obtained through
811 Call Before You Dig. Any damages to Atmos facilities due to such
encroachment will be billed to the party causing the damage.
If you have any questions, please contact me at 214-549-7144.
Sincerely,
Bobby Oney
Project Manager
Atmos Energy Corporation
100 West Morningside
Fort Worth, Texas 76110
D223187003 10/17/2023 10:45 AM Page: 1 of 7 Fee: $43.00 Submitter: ONCOR Electric Delivery Company LLC
Electronically Recorded by Tarrant County Clerk in Official Public Records 0,��
MARY LOUISE NICHOLSON
COUNTY CLERK 5
PT #: 2023
District: FW
Nhlk(AiA ty Ea-Ilemn4
R�-3 r7a5_b
ENCROACHMENT ON EASEMENT
- WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an
easement in Tarrant County, Texas, recorded in Volume 388-204, Page 5 of the Deed
Records of Tarrant County, Texas ("Easement"); and
WHEREAS, Child Care Associates, a Texas nonprofit corporation ("User"), desires
permission to encroach with a private 8 inch stormwater line and a pedestrian walkway
connecting two children's play area, fences and canopies on the property of 2400 E. 1st
St, in the City of Fort Worth, Tarrant County, Texas more particularly depicted on Exhibit
"A" attached hereto (collectively, the "Encroaching Facility") within the area or
boundaries of the Easement ("Easement Area").
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Oncor and User do hereby agree as follows:
1. Location of Encroaching Facility'. User may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing marked Exhibit
"A" and incorporated herein. User may not relocate the Encroaching Facility within the
Easement Area without the consent and approval of Oncor, which consent and approval
shall be at Oncor's sole discretion. User acknowledges and agrees that Oncor holds
easement rights on the Easement Area; therefore, User shall obtain whatever rights and
permission, other than Oncor's that are necessary.
2. Restrictions on Use of Easement Area. User shall use only so much of the
Easement Area as may be necessary to construct, maintain and repair the Encroaching
Facility. User shall, at its own cost and expense, comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said Encroaching
Facility. At the conclusion of any construction, User shall remove all debris and other
materials from the Easement Area and restore the Easement Area to the same condition it
was in prior to the commencement of User's construction thereon or in proximity thereto.
User shall not place trash dumpsters, toxic substances or flammable material in the
Easement Area. Further, if the Easement Area has distribution facilities located thereon,
User shall not place upon the Easement Area any improvements, including but not limited
to, buildings, light standards, fences, shrubs, trees or signs unless approved in advance in
writing by Oncor.
ENCROACHMENT ON EASEMENT Page 7
D223187003
Page 2 of 7
3. Maintenance of Encroachina Facilitv. User, at User's sole expense, shall
maintain and operate the Encroaching Facility. Oncor will not be responsible for any costs
of construction, reconstruction, operation, maintenance or removal of User's Encroaching
Facility.
4. Risk and Liabilitv,. User assumes all risks and liability resulting or arising from or
relating to User's use, the existing condition or location, or existing state of maintenance,
repair or operation of the Easement Area. It is further agreed that Oncor shall not be liable
for any damage to the Encroaching Facility as a result of Oncor's use or enjoyment of its
Easement. Any Oncor property damaged or destroyed by User or its agents, employees,
invitees, contractors or subcontractors shall be repaired or replaced by Oncor at User's
expense and payment is due upon User's receipt of an invoice from Oncor.
5. Indemnification. User agrees to defend, indemnify and hold harmless Oncor, its
officers, agents and employees from and against any and all claims, demands, causes of
action, loss, damage, liabilities, costs and expenses (including attorney's fees and court
costs) of any and every kind or character, known or unknown, fixed or contingent, for
personal injury (including death), property damage or other harm for which recovery of
damages is sought or suffered by any person or persons, including claims based on strict
liability, arising out of or in connection with User's actions or omissions or the actions or
omissions of its officers, agents, associates, employees, contractors or subcontractors or
the actions or omissions of any other person entering onto the Easement Area or the
Encroaching Facility, including the negligent actions or omissions of Oncor, when such
actions or omissions relate to User's use of the Easement Area.
6. Hiah Voltaae Restrictions. Use of draglines or other boom -type equipment in
connection with any work to be performed on the Easement Area by User, its employees,
agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas
Health and Safety Code, the National Electrical Safety Code and any other applicable
safety or clearance requirements. Notwithstanding anything to the contrary herein, in no
event shall any equipment be within ten (10) feet of the Oncor power lines situated on the
aforesaid property. State law requires contacting Dig Test by calling 811 for underground
equipment to be located at least two (2) working days before you dig. Dig Test does not
mark a precise location but is usually within four (4) feet of the actual location. User must
notify the Oncor Distribution Operations Manager at 1-888-313-6862, 48 hours prior to
the beginning of any work on the Easement Area.
7. Removal of Encroachina Facilitv. If at any time in the future, the Encroaching
Facility, in the sole judgment of Oncor, interferes with Oncor's use or enjoyment of its
easement rights, Oncor shall have the right to require User to, within sixty (60) days of
Oncor's giving of written notice thereof, either, at Oncor's option, (a) remove the
Encroaching Facility from the Easement (at Owner's sole expense) or (b) reimburse Oncor
for all reasonable costs of removal and relocation of its electrical facilities located on the
Easement. However, in an emergency, Oncor shall have the right to immediately remove
ENCROACHMENT ON EASEMENT Page 2
D223187003
Page 3 of 7
the Encroaching Facility. If the Encroaching Facility is removed, Oncor will not
unreasonably withhold consent for User to relocate the Encroaching Facility within the
Easement Area.
8. Default and Termination. It is understood and agreed that, in case of default by
User or its agents in any of the terms and conditions herein stated and such default
continues for a period of ten (10) days after Oncor notifies User of such default in writing,
Oncor may at its election forthwith terminate this agreement and upon such termination all
of User's rights hereunder shall cease and come to an end. This agreement shall also
terminate upon the abandonment of the Encroaching Facility.
This agreement shall extend to and be binding upon User and its successors and assigns,
and is not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Executed this day of ��� 12023.
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
By: f�l
Todd /Spogins, Attorney -In -Fact
STATE OF TEXAS §
COUNTY OF Tarrant §
BEFORE ME, the undersigned authority, on this day personally Todd Scoggins,
Attorney -In -Fact for Oncor Electric Delivery Company LLC, a Delaware limited liability
company, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of the
said Oncor Electric Delivery Company LLC, a Delaware limited liability company, for the
purposes and consideration therein expressed, in the capacity therein stated and that he is
authorized to do so.
GIVE UDER MY HAND AND SEAL OF OFFICE this �� day of
W1,e4 A.D. 2023.
Tracy Mitchell
* My Commisson
xpAa
tres
Notary ID 11862210
Notary aPubli and for the State of Texas
ENCROACHMENT ON EASEMENT
Page 3
D223187003
Page 4 of 7
Executed this 5*1 day of ,wil�C
Child Care
corporatioy
, 2023.
a Texas nonprofit
By: (9�� [A am I
K r Waddell, ief Executive Officer
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Kara
Waddell, as the Chief Executive Officer of Child Care Associates, a Texas nonprofit
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and she is authorized to do
so.
r
GIVE�'`� UND R MY HAND AND SEAL OF OFFICE this day of
X L� P , A. D. 2023.
ENCROACHMENT ON EASEMENT
M, vi,
No 'ry Pyblic i bind f the State of Texas
ARPENNY LYNN M=ELLAND
My Who ID 0124104165
Expires January 17, 2026
Page 4
D223187003
Page 5 of 7
nQ
N
0 20 40 80
GRAPHIC SCALE IN FEET
o
PROP. PEDESTRIAN WALKWAY
ENCROACHMENT
EXIST. FENCE
ENCROACHMENT I ;
PROP. 8" STORM LINE I i
--ENCROACHMENT
J CAUTION CROSSING
PROP. 6" STORM FL=531.6f
r' EXIS . 6" SEWER TP=527.9±
IM„zL
EXIST. FENCE
ENCROACHMENT I 1 >' '. j I CAUTION CROSSING
EXIST. CANOPY I PROP. 6" STORM FL=531.6t
ENCROACHWAT r"': ' '. ., I- -- ASSUMED EXIST. 12"
r y • ` ' WATER 4' BELOW
EXIST. 12" WATER TP=527.9t
i
I� I
w
EXIST. STORM
-- -- EXIST. SEWER
EXIST. WATER
EXIST. ELECTRIC
-- - EXIST. TELECOMM
ENCROACHMENT
TX REG. ENGINEERING FIRM F-469
TX REG. SURVEYING FIRM LS-10008001
EASEMENT ENCROACHMENT EXHIBIT
EXHIBIT •A`
PachQ��®�� 4060 BRYANT IRVIN ROAD
�r FORT WORTH, TX 76109
a Westwood company 1 817.412.7155
DRAWN BY I CHECKED BY I SCALE I DATE JOB NUMBER
CDs Willis 1"-4V 08/01/2023 0042859.00
l�`
D223187003
Page 6 of 7
m
s
z
U)
w
0
N U
u\o a
0
o�
z �
g00
Y �
U O
U z
0 20 40 80
GRAPHIC SCALE IN FEET
0 5 10
VERTICAL SCALE: 1"=5'
545 545
540 _ 540
n �
EXIST. GRADE 535 W W � I -__- 535
530 0) 530
W
STA: 1+38.32--"` " ETA: 1+52.82
SANITARY SEWER
TP: 527.96f�� WATER TP: 530.31t
--�-START LIMIT OF
525_I._. _ 525 ENCROACHMENT
520 520
1 +00 2+00
PROFILE: sT-A
EASEMENT ENCROACHMENT ENT PROFILE VIEW
EXHIBIT •B"
Pacheco Koch 4060 BRYANT IRVIN ROAD
FORT WORTH, TX 76109
a Westwood company 1 $17.412.7155
TX REG. ENGINEERING FIRM F-469 DRA*w BY I CHECKED RY SCALE DA.roa AMINWR
TX REG. SURVEYING FIRM LS-10008001 CDS WS I 1"-40' 1r1E 08/01/2023 I 0042859.00
O
Q
W
N"
L
D223187003
Page 7 of 7
540 540
REMOVABLE PEDESTRIAN--,_ 0 20 40 80
WALKWAY WITH HANDRAILS
GRAPHIC SCALE IN FEET
535 c�. 535 a 5 10
EXISTING 3RADE—L VERTICAL SCALE: 1`=5'
530 � �530
525 I 525
520 520
STA: 0+16.20
SANITARY SEWER
TP: 519.36f
d
515 , 515
z
0+00 0+30
U
z Z PROFILE: PR.WALK
EASEMENT ENCROACHMENT PROFOLE VUEW
W
O
O
d'
O
O
K
N
1-
Z
W
x
U
O
a
U
Z
U
2
U
W
O
M EXHIBIT •C•
N Q
O U
\o P'a��e�� ®C� 4060 BRYANTIRVIN ROAD
m o FORT WORTH, TX 76109
g10 a OI�Estwood company 817.412.7155
00
TX REG. ENGINEERING FIRM F-469 DRA BY CHECKED BY sts caIDArE JOB NOWER
In
Z TX REG. SURVEYING FIRM LS-10008001 CDS I WMS I 1"-4W 108/01/2023 I 00428559.00
u
Spectrum►
08/08/2023
Walter Sargent
walter.sargent@westwoodps.com
O: 817.412.7155
M: 972-603-5657
SUBJECT: Encroachment of East 1st Street, Fort Worth, TX 76111
Spectrum Communications hereby grants an encroachment for the purpose of a storm drain into a portion
of East 1st Street associated with the property located at 2400 East 1st Street, within the City of Fort Wort,
Texas 76111. 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 facilities within this area. 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, serviceability requests, or notices of relocation to forcerelos@kinetic-eng.com. Please share
this information with whoever needs these services.
Sincerely,
\-z>
Spe tr - _►
Troy Hopson j Business Development Speciarrst 1(0) 817-298-3554 cell 682-999-2989
8545 Airport Freeway #108 1 North Richland Hills I TX 76180
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022