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HomeMy WebLinkAboutContract 60954Date Received: 2/16/2024 Time Received: 7:28 p.m. Record Number: PN23-00114 City Secretary No.: 60954 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 Leigh Ann Starlin, a(n) Single Person ("Licensee"), acting by and through its duly authorized Property Owner. RECITALS WHEREAS, Licensee is the owner of the real property located at 7336 Yolanda Drive, Fort Worth, Texas 76112 ("Property"), as recorded in Deed Records as Lot 15, Block 15, Ryanwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, by Instrument Number D220011944, in Tarrant County, Texas, and; WHEREAS, the City owns or has an interest in a public utility easement (the "Public Property") adjacent to the Property, and as recorded in the plat records of Tarrant County as plat number Volume 388-37; and WHEREAS, Licensee desires to construct, place, and maintain certain improvements which will encroach in, on, above, or below the Public Property; and WHEREAS Licensee has received consent from the other franchise utility companies to construct, place, and maintain the improvements within the public utility easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Public Property as described in and at the location shown on Exhibit "A," but only to the extent shown thereon, for the purpose of constructing, OFFICIAL RECORD Tier II Easement Encroachment Agreement CITY SECRETARY Page I of 13 Revised 12/2022 FT. WORTH, TX installing, and maintaining an eight -foot 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 thirty (30) years, commencing on the date this Agreement is executed by City. However, the City may terminate this Agreement upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any such noncompliance and if Licensee does not cure the noncompliance within thirty (30) days of notice from City, the City may terminate this Agreement. However, the City may, at its sole option, allow the Agreement to remain in effect so long as Licensee has taken reasonable measures to cure the noncompliance or is continuing to diligently attempt to remedy the noncompliance. 8. It is further understood and agreed between the parties hereto that the Public Property to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Public Property as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Property for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Property to be used for any other public purpose, including but not being limited to underground, surface, or overhead communication, drainage, sanitary Tier II Easement Encroachment Agreement Page 3 of 13 Revised 12/2022 sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate both the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that is has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "C." The amounts of such insurance shall be not less than $300,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as Exhibit "C" and incorporated herein for all purposes. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of Tier II Easement Encroachment Agreement Page 4 of 13 Revised 12/2022 the Encroachment and restoration of the Public Property. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of the county in which the Encroachment is located. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and use of the Public Property. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal, state, or local statute, law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Public Property and is not a conveyance of any right, title, or interest in or to the Public Property, nor is it meant to convey any right to use or occupy property in which a third -party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. Tier II Easement Encroachment Agreement Page 5 of 13 Revised 12/2022 16. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorneys' fees. 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property, Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument Tier II Easement Encroachment Agreement Page 6 of 13 Revised 12/2022 [SIGNATURES APPEAR ON FOLLOWING PAGE] Tier II Easement Encroachment Agreement Page 7 of 13 Revised 12/2022 City: CITY OF FORT WORTH By: Da[to n H a rrell�feb 14, 202414:00 CST) D.J. Harrell, Director of the Development Services Department Date: Feb 14, 2024 ATTEST Jannette Goodall, City Secretary Feb 16, 2024 fluinq CF FORp�oad o o� *oo oo° daQn nEX000 A?o�a Licensee: Property Owner By: 44, PT�A_ Name: eigh Ann Starlin Title: Property Owner Date: '�_1 5/ �L01--j- Approved As To Form and Legality Jeremy Anato-Mensah Assistant City Attorney Date: Feb 14, 2024 Contract Compliance Manager: By signing l acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements, -U,I^ Rebecca Owen (Feb 14, 202411:22 CST) Date: Feb 14, 2024 Rebecca Owen Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tier II Easement Encroachment Agreement Page 8 of 13 Revised 12/2022 ki*i*.W 11.1 I.`l Ir_l!1 Il1J :Zl II 11'LIJ N "i .i 1 U"i 14 N : lIJ W W La IIIJ.y IlIJ►1 UM 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 14th day of February , 2024. �R �� KATHLEEN BRADFORD K a Natary Public * E + STATE OF iE�(AS Natary I.D. 72747197 aF My Comm. E%p. Apr. 12, 2027 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 Tier II 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 exo�S, on this day personally appeared Leigh Ann Starlin, Property Owner (Title) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be 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 S�\day of 2024. 1 WENDY S. NELSON Notary Publi for the MY Notary !D # 124181544 Expires April11, 2026 State of eyDn I I .. .. Tier II Easement Encroachment Agreement Page 10 of 13 Revised I2/2022 EXHIBIT A Depiction and description of the Encroachment Tier II Easement Encroachment Agreement Page 11 of 13 Revised 12/2022 YOLANDA DRIVE 50' RIGHT OF WAY VOLUME 388.37, PAGF 61 BASIS FOR RFARINGS IS PLAT CALL ALONG THIS LINE pd AM CAPPED IRF S89'40'0011E 80.031 �6' IRP O.T .-- > 0.2, luu 25' BUILDING LINE °r 0 = - VOLUME 30-37, PAGE 61 Z PRTCT FLUME Z 3641 ' � k"ILI .- , u K rlerrRi m 1� ,, 18.9• CV 1 H ONE STORY w w Cl) ? BRICK AND FRAME BUILDING 4 #7336 YDa I1J O� 9.7'NT?'.-' l mo O -GA E oho �?mi Q N v <y •Oj III N COVFRFD LOT 15, BLOCK 15 C RYANWOOD ION FLur1E . VOLUME 388-37, PAGE 61 PRTCT i r 5' UTILITY EASEMENT VOLUME. 3U8-37, PAGE 37 PR CT 177 LOT 9 BLOCK 15 I LOT 10 ULGCK IS �0A ANY DECLARATION MADE HEREON OR HEREIN IS !MADE TO THE OR PURCHASER of THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS NOTES ADDRESSING SCHEDULE B EXCEPTIONS: Pursuant to Commitment for Title Insurance, provided by PROVIDENCE GF. No. 103002915, effective January 7, 2020, issued January 3, 2020, 1_ The following, all according to the plat recorded in Volume 388-37. Page 61 of the Plat Records, Tarrant County, Texas: 25 foot building line along the North property line. 5 fool utility easement along the South property line. 2, Not a Survey matter. 3 Not a Survey matter. 4. Not a Survey matter. 5 Not a Survey matter. 6. Not a survey matter. 7. Not a Suvey matter. 8. Not a survey matter. 39 0' 30, 60' GRAPHIC SCALE SCALE IN FEET 1" = 30' A -WARD PROJECT NO: 2020-1002 YOLANDA LOT 11 BLOCK 15 LEGEND CM ELECTRIC METER WV NATER ■WM WATEAMT a ICY A ION CONTROL ALYL GGAS VLVC 0 GM GAuM a p sar M,NRARV SLwLR xWJ10LE p W ADVIEMANE PP LIGHT SPOLE LS LIGHT STANDARD 13 Ee ELEC SOX C TELEPHONE RISER 'Nn00 FENCE CHAIN �R— .-ON FENCE. NCE. UG OVIL"LROUNO TL FHV FIRE H RANT0.n1' FN FRECHYDRMIT CT ELECTRK:TRANSFORMCR 65 SANn ARY SEKER SSCOOW SrN W7ESYSE\Wft RFACILRN OUT 055E MAN.Al, ElMER FAC0.nY MN x/ANRM S STSMN STORMS .1V MANHOLE -E.1 81 DG BUILDINGVIr PLNMANENI iMUIDAIAM SHED ICN IAK'IT wnHNO P. CONOVTFOVNDgipN AC AN UC OPEN F. SPA POSE PWUC OPEN SPACE EASEKENt IPF =PR` FWND IRf IRON RODFOLND IRS Oar NON ROD SET MARKEO'AAYARD` RR SIW RCN ROD RECOVERED ® MARRED"AAYARtY CON'ROL MONJN:FNT RCARINCS OR DISTANCF SNOPAi N ,I r ARL PLAT OR OECD CALL 1 pjE CAI( fr, 8 O� En Y Q q �S n 9! ! 9 ARE SURVEY ACCEPTED BY TITLE COMPANY: PROVIDENCE G.r. NO.: 103002915 ADDRESS: 7336 YOLANDA DRIVE, FORT WORTH, TX 76112 BUYER: LEIGH ANN STARLIN SELLER: WILLIAM WARD BUSH The undersigned hereby sWtes that lhas survey a Irue and wr 4 was fhade on the yr W under n,y satoNnnsion and all corners ore rhark" as shown. shows all Vls, NP. and apparent easements. UIxYOr1chnMrtis and protrusions. According to Map No 48439CO216L dales March 21, 2019 Of the Nshonal Fk»d Insurance Program Mad Flood Insurance Rate Map of Tarrant County. Texas arW Incorporated Areas. Federal Emergency Mnnago—r l Agency, Fedornl Insurflnf . Adminlslralion, this property is ktc•Neden Gone X and s NOT wlUan a epeE:lnl noW hazard area. If this sne s not w,thrn an Wenaned special flood hacato area, this food statement does nol Imply Ihal Iha property and'or the sl—tures thereon wall be I —Iron LaW,ng or flood damage On rare. ncra61on5, greater nnods ran nrd well occur and rl f height, maybe InCle86ed by men -made or nOlVral CaV666. Ih:61ood 6latertlem 61VN1 Iwl L•reale iablllly M etc pad Ul IIM SUNUyor. This survey sululan9aily compoes wish Iha current Texas Socrey ul Professwnal Surveyors $Ia.Mard atd RpRci6catinas Inr a Calrsgory tA. Condilinn II Survey Surveyed nn the prounddanuary7, 7079. A -Ward Surveying OF. �P'eo\S rEkF•.y CO, : o.EP a t�„d weld ....:....................... gistered Pmressional Land Surveyor, No.5606 JAMES PAUL WARD IfIne seal rs rot 5606 All rights reserved embossed, his du:u 111 9'•gOF aP,• Copyright 2019 © is an unauttar_ copy �'•.,ES sLo•.•�O Lind stmuid De presumed .S' U RV to contain a1iP.rardrl5. 10 LAND TITLE SURVEY Lot 15, Block 15, RYANWOOD ADDITION an Addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof recorded in Volume 388-37, Page 61, of the Plat Records of Tarrant County, Texas. PVJARD SURVEYING COMPANY 252 WEST MAIN STREET, SUITE F, AZLE TX 76020 817-33A-WARD (332-9273) 877-982-9273 survey@a-wardsurveying.com TBPLS Firm No. 10194435 DOG EAR FENCE w/ 2%" GALVANIZED POST � I I 71 (FRONT VIE V) -= .. .. .. .. .. .. .. .. .. Max. Post Center 98" -� 2x u 2 x 4 8' tall four horizontal rails will be installed, not three. 'Lxd I 2x4 rails attached w/ 1 %" screws Posts set 1x6 slats attached w 2" galv. ring shank nails approximately 36" deep in concrete .l EXHIBIT B Franchise Utility Letters Tier II Easement Encroachment Agreement Page 12 of 13 Revised 12/2022 ATMOS energy February 3, 2023 Susan Moore Fence Works Re: Utility Easement Encroachment Atmos Energy has no objection to an encroachment on the utility easement at 7336 Yolanda Drive in Fort Worth, Texas. Atmos has no facilities in the easement. If you need additional information please contact me at 214-549-7144. Sincerely, Bobby Oney Project Manager Atmos Friergy Corporation 100 West Alorningside Fort Worth. Texas 76110 %0000 '} p } AT&T Texas a `&` Melissa McElyeColumbia 117 W Columbia St Weatherford, TX 76086 8177184055 January 24, 2023 RE: Tarrant County -Ryanwood Addition 7336 Yolanda Dr. Fort Worth, Texas, 76112 5-ft Utility Easement Encroachment Request Block 15 Lot 15 along the South side of property In response to the request for the encroachment on a portion of the 5-ft Utility Easement along the South side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no objections to the requested encroachment for fence shown on the attached sketch. Plat found in Tarrant County Clerk File Recorded in Volume 388-37 Page 61. 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 currently 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, aA.tt,v� 0 crwva- Melissa McElyea AT&T — Manager Engineering — Right -of -Way 817-718-4055 ms2841@att.com Spectrum. January 27, 2023 Doug Moore Fence Works P.O. Sox 54322 Hurst, TX 76054 SUBJECT: Encroachment of 7336 Yolanda Dr, Fort Worth, TX 76112 Spectrum Communications hereby grants a 5ft encroachment for the purpose of replacing the fence located in the rear easement 5ft General Utility Easement associated with the property located at 7336 Yolanda Dr, within the City of Fort Worth, Texas 76112. 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 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, Date: February 3, 2023 Customer Marne: Susan Moore Street Address: 7336 Yolanda Dr City 1 State / Zip: Fort Worth TX 76112 Re; X. FENCE ENCROACHMENT, 7336 Yolanda far Fort Worth, TX, LOT 15, BLOCK 15, RYAfV111 OOD ADDITION to the COof Fart Worth, 'texas, VOL 388-37, P 61, Tarrant County Records ;dear Ms. Moore 1 have received your request to construct an 8 foot privacy fence fence at the above referenced !ocaticn in which a portion of the fence encroaches into a 5 foot Platted Utility Easement. The site has been inspected and your formal request has been revs ewed. OF OOF does hav,- facifities located within the above meriboned easement, but based on ow - inspection of the location of the praposed facility, we see no negative irnpact upon our ability to maintain our facilities. €t is not the intent of this letter to waive any rights granted to Oncor in said easement except to permit this encroachment set out here€nabove. Oncor shall continue to have unrestricted mess to, on and across tre easement, ft 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 pe€fo(rn the necessary work. Oncor maintains the right to utilize the entire easement for its needs, and will not be responsible for any damages incurred dunrRg the process. Owner acknowledges and understands that Oncor maintains overhead underground electri # facilities within the easement. Owner agrees to eXercise extreme caution with resloect to such electrical facilities. Please sign below confirming that you understand and agree to the requiremenic. If you have any questions or need additional intimation, piease contact the Oncor office at (817) 443-3434... in?,Qr , , 011 //) edc�G�Rcdgers, SR..gVA .. . 7860 !tftbrook L r Senbrook, TX 76126 432-234-9052 P. operty Owner signature) I-ilIs j 2- 0 -2—+ i5 te) EXHIBIT C Certificate of Insurance Tier II Easement Encroachment Agreement Page 13 of 13 Revised 12/2022 ,