HomeMy WebLinkAboutContract 61111Date Received: 3/13/2024
Time Received: 1:53 p.m.
Record Number: PN23-00136
City Secretary No.: 61111
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 Northwest Independent School
district, a(n) independent school district ("Licensee"), acting by and through its duly
authorized Board President.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1037 Canyon
Maple Drive, Fort Worth, Texas 76247 ("Property"), as recorded in Deed Records as
Lot 1, Block PP of Tradition, Central Phase 1A, according to the Map or Plat thereof
recorded by Instrument Number 90392, in Denton County, Texas, and;
WHEREAS, the City owns or has an interest in a public utility, and water
easement (the "Public Property") adjacent to the Property, and as recorded in the deed
records of Denton County in the Plat Records of Denton County as plat number 2021-
125; 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
Tier 11 Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY Revised 12/2022
FT. WORTH, TX
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 fences (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.
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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.
1
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 fbr 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
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
Tier U Easement Encroachment Agreement Page 3 of 12
Revised 12/2022
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.
TO THE EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING
ITS GOVERNMENTAL IMMUNITIES, 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. TO THE EXTENT ALLOWED BY TEXAS LAW
AND WITHOUT WAIVING ITS GOVERNMENTAL IMMUNITIES, 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
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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.
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.
16.
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In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to seek interest and reasonable attorneys' fees, pursuant to
Texas Civil Practice and Remedies Code Chapter 38.
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 H Easement Encroachment Agreement Page 6 of 12
Revised 12/2022
City:
CITY OF FORT WORTH
--4-
Dalton Harrell (Mar_3, 20240526 CDT)
By:
D.J. Harrell, Director of the
Development Services Department
Date: Mar 13, 2024
ATTEST:
A s
Jannette Goodall,
City Secretary
Date: M a r 13, 2024
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Licensee:
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Title: B ar0 President
Date: CAI a-,�'a Cf
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date: Mar 6, 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.
-W,#\
Rebecca Owen (Mar 6, 202415:34 CST)
Date: Mar 6, 2024
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier lI Easement Encroachment Agreement Page 7 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 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 day of
, 2024.
K a�
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 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
�-(O , on this day personally appeared R. Stephens Sprowls, Board President
(Title) known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed, as the act and deed of Northwest Independent
School District, a independent school district (entity type), and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c�v�day of k b r-
2024. n
N ary Publi ' and for the
State of (-ca((� S
Tier 11 Easement Encroachment Agreement
arn
JENNIFER ROBERTS
Notary ID #10669430
My Comission Expires
August 8, 2025
Page 9 of 12
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier H Easement Encroachment Agreement Page 10 of 12
Revised 12/2022
EXHIBIT "A"
"EASEMENT ENCROACHMENT"
BEING 293 square feet of land total in 4 parts, situated in and being a portion of Lot 1, Block
PP, Tradition, Central Phase IA, an addition to Denton County, Texas, as filed in Instrument
#2021-125, Plat Records of Denton County, Texas (P.R.D.C.T.), and being a portion of a
tract of land described in the deed to Northwest Independent School District, according to
the deed filed in Instrument #2021-90392, Deed Records of Denton County, Texas
(D.R.D.C.T.); and being more particularly described by metes and bounds as follows:
Part 1
COMMEMENCING at a 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of Lot
2X, Block 00, of .said Tradition, Central Phase IA, and also being in the south
Right -of -Way (R-O-W) line of Canyon Maple Road (60' in width), from which a 1/2 inch
iron rod found at the southwest corner of said Lot 1, also being a re-entrant corner of said
Lot 2X, bears along the west line of said Lot 2, and along the most northerly east line of said
Lot 2X, the following courses and distances;
S 30°30'59" W, a distance of 120.33 feet, S 10°02' 17" W, a distance of 92.86 feet,
S 00°12'25" W, a distance of 69.54 feet, S 00°03'45" E, a distance of 360.00 feet,
S 05°16'54" E, a distance of 60.45 feet to said 1/2 inch iron rod found;
THENCE again from said 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of said
Lot 2X, and in the south R-O-W line of said Canyon Maple Road, along the west line of said
Lot 2, and along the most northerly east line of said Lot 2X, the following courses and
distances;
S 30°30'59" W, a distance of 120.33 feet;
S 10'02' 17" W, a distance of 92.86 feet;
S 00°12'25" W, a distance of 69.54 feet;
S 00°03'45" E, a distance of 180.00 feet;
THENCE N 51058'23" E, leaving said line, passing over and across said Lot 1, a distance
of 189.62 feet to the west line of a 15' Water Easement, as filed in Instrument #2021-52008,
D.R.D.C.T., for the POINT OF BEGINNING of the centerline of a 1.00 feet wide easement
encroachment of the hereinafter described tract of land;
Sheet 1 of 5
NWI 22383
S 84°54'48" E, passing over and across said 15' Water Easement, along the centerline
of said 1.00 feet wide easement encroachment, a distance of 15.05 feet to the east
line of said 15' Water Easement, and the end of said easement encroachment, and
containing 15 square feet of land.
Part 2
COMMEMENCING at a 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of Lot
2X, Block 00, of said Tradition, Central Phase IA, and also being in the south
Right -of -Way (R-O-W) line of Canyon Maple Road (60' in width), from which a 1/2 inch
iron rod found at the southwest corner of said Lot 1, also being a re-entrant corner of said
Lot 2X, bears along the west line of said Lot 2, and along the most northerly east line of said
Lot 2X, the following courses and distances;
S 30°30'59" W, a distance of 120.33 feet, S 10°02' 17" W, a distance of 92.86 feet,
S 00°12'25" W, a distance of 69.54 feet, S 00°03'45" E, a distance of 360.00 feet,
S 05°16'54" E, a distance of 60.45 feet to said 1/2 inch iron rod found;
THENCE again from said 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of said
Lot 2X, and in the south R-O-W line of said Canyon Maple Road, along the west line of said
Lot 2, and along the most northerly east line of said Lot 2X, the following courses and
distances;
S 30°30'59" W, a distance of 120.33 feet;
S 10'02' 17" W, a distance of 92.86 feet;
S 00°12'25" W, a distance of 69.54 feet;
S 00003'45" E, a distance of 180.00 feet;
THENCE N 82056'43" E, leaving said line, passing over and across said Lot 1, a distance
of 980.00 feet to the west line of a 10' Utility Easement, as filed in Instrument #2021-125,
P.R.D.C.T., for the POINT OF BEGINNING of the centerline of a 1.00 feet wide easement
encroachment of the hereinafter described tract of land;
N 89°56' 15" E, passing over and across said 10' Utility Easement, along the
centerline of said 1.00 feet wide easement encroachment, a distance of 9.50 feet;
S 00°03'45" E, continuing over and across said 10' Utility Easement, 0.50' west of
and parallel to the east line of said Lot 1, also being in the west R-O-W line of Vine
Maple Drive (60' wide R-O-W), a distance of 136.98 feet, from which said 1.00 feet
wide easement encroachment branches off to the west S 89'56' 15" W, a distance of
9.50 feet to the west line of said 10' Utility Easement; and continuing
S 00°03'45" E, over and across said 10' Utility Easement, 0.50' west of and parallel
to the east line of said Lot 1, and the west R-O-W line of said Vine Maple Drive, a
distance of 89.62 feet;
Sheet 2 of 5
NWI 22383
S 89°56' 15" W, continuing over and across said 10' Utility Easement, a distance of
9.50 feet to the west line of said 10' Utility Easement, and the end of said easement
encroachment, and containing 255 square feet of land.
Part 3
COMMEMENCING at a 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of Lot
2X, Block 00, of said Tradition, Central Phase IA, and also being in the south
Right -of -Way (R-O-W) line of Canyon Maple Road (60' in width), from which a 1/2 inch
iron rod found at the southwest corner of said Lot 1, also being a re-entrant corner of said
Lot 2X, bears along the west line of said Lot 2, and along the most northerly east line of said
Lot 2X, the following courses and distances;
S 30030'59" W, a distance of 120.33 feet, S 10°02'17" W, a distance of 92.86 feet,
S 00°12'25" W, a distance of 69.54 feet, S 00°03'45" E, a distance of 360.00 feet,
S 05°16'54" E, a distance of 60.45 feet to said 1/2 inch iron rod found;
THENCE again from said 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of said
Lot 2X, and in the south R-O-W line of said Canyon Maple Road, along the west line of said
Lot 2, and along the most northerly east line of said Lot 2X, the following courses and
distances;
S 30°30'59" W, a distance of 120.33 feet;
S 10'02' 17" W, a distance of 92.86 feet;
S 00°12'25" W, a distance of 69.54 feet;
S 00°03'45" E, a distance of 180.00 feet;
THENCE S 63053'26" E, leaving said line, passing over and across said Lot 1, a distance of
366.62 feet to a north line of a 15' Water Easement, as filed in Instrument #2021-52008,
D.R.D.C.T., for the POINT OF BEGINNING of the centerline of a 1.00 feet wide easement
encroachment of the hereinafter described tract of land;
S 12°43'40" W, passing over and across said 15' Water Easement, along the
centerline of said 1.00 feet wide easement encroachment, a distance of 15.38 feet to
a south line of said 15' Water Easement, and the end of said easement encroachment,
and containing 15 square feet of land.
Part 4
COMMEMENCING at a 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of Lot
2X, Block 00, of said Tradition, Central Phase IA, and also being in the south
Right -of -Way (R-O-W) line of Canyon Maple Road (60' in width), from which a 1/2 inch
iron rod found at the southwest corner of said Lot 1, also being a re-entrant corner of said
Sheet 3 of 5
NWI 22383
Lot 2X, bears along the west line of said Lot 2, and along the most northerly east line of said
Lot 2X, the following courses and distances;
S 30°30'59" W, a distance of 120.33 feet, S 10°02' 17" W, a distance of 92.86 feet,
S 00°12'25" W, a distance of 69.54 feet, S 00°03'45" E, a distance of 360.00 feet,
S 05°16'54" E, a distance of 60.45 feet to said 1/2 inch iron rod found;
THENCE again from said 1/2 inch iron rod with cap stamped "Goodwin & Marshall", found
at the northwest corner of said Lot 1, also being the most northerly northeast corner of said
Lot 2X, and in the south R-O-W line of said Canyon Maple Road, along the west line of said
Lot 2, and along the most northerly east line of said Lot 2X, the following courses and
distances;
S 30°30'59" W, a distance of 120.33 feet;
S 10'02' 17" W, a distance of 92.86 feet;
S 00°12'25" W, a distance of 69.54 feet;
S 00°03'45" E, a distance of 180.00 feet;
THENCE S 45023'28" E, leaving said line, passing Iover and across said Lot 1, a distance of
403.29 feet to a west line of a 15' Water Easement, as filed in Instrument #2021-52008,
D.R.D.C.T., for the POINT OF BEGINNING of the centerline of a 0.50 feet wide easement
encroachment of the hereinafter described tract of land;
S 78°47'55" E, passing over and across said 15' Water Easement, along the centerline
of said 0.50 feet wide easement encroachment, being 0.25' north of and parallel to
the south line of said Lot 1, also being in the most easterly north line of said Lot 2X,
a distance of 15.30 feet to the east line of said 15' Water Easement, and the end of
said easement encroachment, and containing 8 square feet of land.
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IJan 16, 2024 THERON W. SlMS
Theron W. Sims, R.P. L.S. ""•""""°"°""""'°V"`
Texas Registration No. 5887 �%,p 5887 aT�
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Surveyed on the ground Aug. 9, 2023
•SUR���
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.00015063 was used to scale grid coordinates and distances
to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 4 of 5
NWI 22383
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P. 0. C. — PARTS 1 THRU 4 1) Bearings of lines shown hereon refer to Grid North of the Texas
1�2" /RF WITH CAP STAMPED Coordinate System of 1983 (North Central Zone; NAD83(2011)
" I RF & MARSHALL" 2010.00) as derived locally from Allterra Central's Continuously
\ Operating Reference Stations (CORS) via Real Time Kinematic
(CONTROL MON.) (RTK) methods. An average Combination Factor of 1.00015063
\ was used to scale grid coordinates and distances to surface.
\ 2) Integral parts of this survey:
a. Legal Description
b. Sketch
\ CANYON MAPLE
_ 60' R—O—W
IP.O.B.-PART 1 10' UTILITY ESM'T7
S00' 12'25"W ( I ENTERL/NE OF 1.00'x 15.05' INST. fl2021-125
69.54' I I ESU r. ENCROACHMENT P. R. D. C. T.
(15 S.F.)
I I S84'54'48"E
15.05'
I _
ro 15' WATER ESM'T.
1,,,INST. 112021-52008
I I P. R. D. C. T.
,36 I '
6
63s3�8 F I
N82 5'
6'43"E, 9
LOT 1, BLK. PP
--TRADITION, CENTRAL PHASE 1 A
INST. 112021-125
P. R. D. C. T.
15' WATER ESM'T.
INST 112021-52008
P.R.D.C.T.
----T F
I I
II
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1/2�RF
_
(CONTRN.) LOT 2X, �BLK. 00
TRADITION, CENTRAL PHASE 1A
INST. 112021-125, P. R. D. C. T.
RD.
NORTHWEST INDEPENDENT SCHOOL DISTRICT
INST 112021-90392
D. R. D. C. T.
P.O.B.-PART 3
VTERL/NE OF 1.00 x 15.38'
ESM'T. ENCROACHMENT
(15 S.F.)
S12*43'40"W
15.38'
P.O.B.-PART 4
CENTERLINE OF 0.50'x 15.30'
ESM'T. ENCROACHMENT, 0.5'
S78'47'55"E NORTH OF PROP. LINE
(8 S.F.)
15.30'
THERON W. SIMS, R.P.L. .
TEXAS REGISTRATION N0. 5887 L
Date: Jan. 16, 2024
Surveyed on the ground Aug
9, 2023
---------------�
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1 D' UTILITY ESM'T.
INST J2021-125
P. R. D. C. T.
r
►•Zi
P.O.B.-PART 2
CENTERLINE OF 1.00' WIDE ESM'T.
ENCROACHMENT, AND ALONG THE I
IORTH/SOUTH DIRECTION RUNS 0.50'
WEST OF PROP. LINE
(255 S.F.)
................
••.......
N89'56' 15"E
9.50'
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S00'03'45"E
136.98' I
of
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S89'56' 15"W
SCALE 1 "=100' 9.50'
S00'03'45"E
89.62'
S89'56' 15"W
9.50'
EXHIBIT "B"
EASEMENT
ENCROACHMENT
Being a portion of Lot 1, Block PP, Tradition, Central Phase
IA, an addition to Denton County, Texas, as filed in
Instrument #2021-125, Plat Records of Denton County, Texas.
JOB No. NWI 22JBJ
III
SHEET 5 OF 5101f
3
CANYON MAPLE RD N.T.S.
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LOCATION MAP
NOT TO SCALE
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12" PUBLIC WL II
CONNECTION
A
15' EX. WA TER ESM'T.
INST 12021-52008
D. R.D.C. T. — —
FENCE
CROSSING #4
12" PUBLIC WL
CONNECTION
GRAPHIC SCALE
200 0 100 200
GRAPHIC SCALE: 1" = 200'
scale date
hod
1 "= 1 /3/24 4&tnp
vertrt
N/A
INST 12021-52008
D. R. D.C. T
League nail 8L perkins
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
TBPE Registration No. F-230
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INST 12021-125
D. R. D. C. T.
ill
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City of Fort Worth, Texas
tnp project
Improvements for
HUC22395
NISD - ES No. 23
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EXHIBIT A
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VICINITY EXHIBIT
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AMENTAL FENCE CROSSING #1 I
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scale � date
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15, WATER EASEMENT I I
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League Hall 8. perkins
5437 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5T,3 ph 817.336.""3 fx
TBPE Registration No. F•230
www.tnpim.com
city of Fort Worth, Texas
improvements for
NISD - ES No. 23
EXHIBIT B PLAN
WATER EASEMENT ENCROACHMENT
tnp project '
HUC-22395
sheet
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0+00 1 +00
40 0 20 40 80
GRAPHIC SCALE: 1" = 40'
scale date
horiz
1 " =40' 1 /3/24 tnp
N/A
League nail & perkins
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
TBPE Registration No. F-230
W W—tnpi—com
700
2+002+20
City of Fort Worth, Texas
tap project
Improvements for
HUC22395
NISD - ES No. 23
sheet
'off
EXHIBIT B PROFILE - FENCE CROSSING #1
WATER EASEMENT ENCROACHMENT
8
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6" OAK 1 M
6" OAK M 20" EL
1 4' ORNAMENTAL FENCE CROSSING #3i
EX 12" WL (PUBLIC)-\
WATER SAL VE
�\ TOP OF EXTENSION=697.91
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— 4' ORNAMENTAL FENCE CROSSING 14
1� 'AM TER EASEMENT _
GRAPHIC SCALE ----___ ---
40 0 20 40 80
GRAPHIC SCALE: 1" = 40'tnp project
j
scale date ♦ teague nail & perkins City of Fort Worth, texas HUC22395
horiz 5237 N. Riverside Drive, Suite 100 Improvements for
1r'=40' 13 44tnp Fort Worth, Texas76137 NISD - ES No. 23 sheet
817.336.5773 ph 817.336.2813 fx 4
Lert TBPE Registration No. F-230 EXHIBIT C PLAN
N/A ""—tripi—co"' WATER EASEMENT ENCROACHMENT 8
I I 4' 17RNAENT L f E ICE GROStiNG J
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GRAPHIC SCALE
40 0 20 40 80
GRAPHIC SCALE: 1" = 40'tnp project
1
scale date League nail & perkins City of Fort Worth, Texas
HUC22395
horiz 5237 N. Riverside Drive, Suite 100 Improvements for
err=aor , a zatnp Fort Worth, Texas76137 NISD - PIKE MIDDLE SCHOOL sheet
817.336.5773 ph 817.336.2813 fx �
ert TBPE Registration No. F-230 EXHIBIT C PROF - FENCE CROSSING #3 & #4L of
N�^ "—tripia`co. WATER EASEMENT ENCROACHMENT 8
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4' ORNAMENTAL _ NCE CROSSING 12 (STAR
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GRAPHIC SCALE
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GRAPHIC SCALE: 1" = 40'
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scale date ♦ teague nail & perkins City of Fort Worth, Texas HUC22395
tnp project
horiz 5237 N. Riverside Drive, Suite 100 Improvements for
trr=aor , a zatnp Fort Worth, Texas76137 NISD - ES No. 23 sheet
817.336.5773 ph 817.336.2813 fx 6
Lert TBPE Registration Na. F-230 EXHIBIT D & E PLAN of
N�A W—tnpi—com WATER EASEMENT ENCROACHMENT 8
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I 4' WNAPENT L PEACE I I
POS rS ShOWN FOR— I I
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690 I EY 10' U710Y & SEMENT � I I 690
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II
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1 +00 2+00 2+97
GRAPHIC SCALE
40 0 20 40 80
GRAPHIC SCALE: 1" = 40' 1
tnp project
scale date ♦ teague nail 81 perkins City of Fort Worth, Texas HUC22395
horiz 5237 N. Riverside Drive, Suite 100 Improvements for
1r=40r , a zatnp Fort Worth, Texas76137 NISD - ES No. 23 sheet
817.336.5773 ph 817.336.2813 fx
ert TBPE Registration No. F-230 EXHIBIT D PROFILE - FENCE CROSSING #2 of
N�^ "—tripia`co. WATER EASEMENT ENCROACHMENT 8
710
POSTS SHOW FO?
SCHEMATIC PURPOSES ONL '
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710
700
0+00 1 +00 2+00
GRAPHIC SCALE
40 0 20 40 80
GRAPHIC SCALE: 1" = 40' 1
tnp project
scale date ♦ teague nail 81 perkins City of Fort Worth, Texas HUC22395
horiz 5237 N. Riverside Drive, Suite 100 Improvements for
1r=40r , a zatnp Fort Worth, Texas76137 NISD - ES No. 23 sheet
817.336.5773 ph 817.336.2813 fx
Lert TBPE Registration No. F-230 EXHIBIT E PROFILE - FENCE CROSSING #2 Of
ri�A--tnpi—com WATER EASEMENT ENCROACHMENT 8
EXHIBIT B
Franchise Utility Letters
Tier it Easement Encroachment Agreement Page 11 of 12
Revised 12/2022
AT&T Texas
a}`&t p } Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
March 20, 2023
RE: Denton County — 2200 Texan Drive, Fort Worth, TX
Utility Easement Encroachment Request
Northwest I.S.D. Addition, Block 1, Lot 1
In response to the request for the encroachment on a portion of the 10-ft utility easement in the
northeast quadrant of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas,
has no objections to the requested encroachment for force main crossing as highlighted on the
attached sketch.
Plat found in Denton County Clerk File Recorded in Cabinet U Page 188.
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
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
01
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ALTMOS
energy
February 9, 2024
Maria Munoz
TNP Inc
5237 N Riverside Drive, Suite 100
Fort Worth, Texas 76137
Re: Encroachment into Utility Easement-NWISD Elementary School #23
Maria Munoz,
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 Momingside
Fort Worth, Texas 76110
Spectrum►
2/14/2024
Maria Munoz
TNP
5237 N. Riverside Drive, Suite 100
Fort Worth, Tx 76137
SUBJECT: Encroachment of 1073 Canyon Maple Road
Spectrum Communications hereby grants an encroachment for the purpose of a fence crossing in the 10'
utility portion east of the easement. General Utility Easement associated with the property located at
1073 Canyon Maple Road, within the City of Northlake, Texas. 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/does not have 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,
Spe tr _ _r
Troy Hopson I Business Development Special}st 1 (0) B17-298-3654 Cell 682 999-2989
8545 Airport Freeway #108 I North Rrhland Hills I TX 76180
r4relcz-"� -mod M 7
February 13, 2024
Tnp, Inc.
Attn: Maria Munox, El
5237 N Riverside Drive, Suite 100
Fort Worth, TX 76137
RE: Encroachment into Utility Easement
To whom it may concern:
Upon your request, I have reviewed the location of the CoSery Electric and CoSery Gas facilities on the
Northwest ISD campus at Canyon Maple Rd and Vine Maple Dr. CoSery has no objection to the fence
encroachment as described. This in now way waivers or impairs the rights of any other utility that may have
access rights to this utility easement.
Please call Texas 811 prior to any digging to ensure electric and/or gas facilities are identified. Any damage
caused to CoSery facilities due to such encroachment will be billed to the parry causing the damage.
If you have any questions, please email realestateservices(a,coserv.com.
Kind Regards,
Misty Solis
ROW/Real Estate Specialist
7701 S. Stemmons, Corinth, TX 76210-1842 1 (940) 321-7800 1 CoServ.com
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 12 of 12
Revised 12/2022
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