HomeMy WebLinkAboutContract 61151Date Received: 3/20/2024 Record Number: PN24-00030
Time Received: 11:39 a.m. City Secretary No.: 61151
PUBLIC PROPERTY UTILITY 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 UG Trinity FTW LP, a(n) Texas
limited partnership ("Licensee"), acting by and through its duly authorized
representative.
RECITALS
WHEREAS, Licensee is the owner of the real property located at 1101 Gounah
Street, Fort Worth, Texas 76102("Property"), as recorded in Deed Records as being all
of Lot 1R, Block 5, Trinity Bluff Addition, an addition to the City of Fort Worth
by Instrument Number D220298316, 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 FS-007-254 filed in Cabinet B, Page 3531; 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 II Easement Encroachment Agreement OFFICIAL RECORD Page 1 of 13
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 a retaining wall (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.
11
In order to defray all costs of inspection and supervision which the City has
incurred or will incur as a result of the construction, maintenance, inspection or
management of the Encroachment and use of Public Property as provided for by this
Agreement, Licensee agrees to pay to City at the time this Agreement is requested an
application fee in the sum of Nine Hundred Dollars ($900.00).
7.
The term of this Agreement shall be for 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
sewerage, transmission of natural gas or electricity, or any other public purpose, whether
Tier II Easement Encroachment Agreement Page 3 of 13
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.
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 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.
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.
Tier II Easement Encroachment Agreement Page 5 of 13
Revised 12/2022
17.
The parties agree that the duties and obligations contained in Section 5 shall
survive the termination of this Agreement.
18.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges, or duties under this Agreement without the written approval of the City, and
any attempted assignment without such written approval shall be void. In the event
Licensee conveys the Property, Licensee may assign all of its rights and obligations under
this Agreement to the new owner of the Property, and Licensee shall be deemed released
from its duties and obligations hereunder upon City's approval in writing of such
assignment, which approval shall not be unreasonably conditioned or withheld.
Foreclosure by a secured lender of Licensee or assignment to a secured lender by
Licensee in the event of default or otherwise shall not require City approval provided that
said lender notifies City in writing within sixty (60) days of such foreclosure or
assignment and assumes all of Licensee's rights and obligations hereunder. However, no
change of ownership due to foreclosure or assignment to any secured lender of Licensee
shall be effective as to City unless and until written notice of such foreclosure or
assignment is provided to City.
19.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
20.
This Agreement shall be binding upon the parties hereto and their successors and
assigns.
21.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Tier II Easement Encroachment Agreement Page 6 of 13
Revised 12/2022
City:
CITY OF FORT WORTH
By: Dalton J. Harrell *r 19, 202418:53 CDT)
D.J. Harrell, Director of the
Development Services Department
Date: Mar 19, 2024
uI
ATTEST: FaRr�a°d
00
dVi ^=d
°acnn�xn$44
Jannette Goodall,
City Secretary
Date: Mar 20, 2024
Approved As To Form and Legality
Jeremy Anato-Mensah
Assistant City Attorney
Date:
Mar 19, 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.
n
Rebecca Owen (Mar 19, 202413:45 CDT)
Date: Mar 19, 2024
Rebecca Owen
Development Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Tier II Easement Encroachment Agreement Page 7 of 13
Revised 12/2022
"'THIS PAGE FOR UITY OF FURT WURTH Ul+'l+'IUE USE UINLY"'
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 19th day of
March , 2024.
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
'(P'¢YA�/ WENDY L =o BEARDS -
LEE .._..
Notary Public
STATE OF TEXAS
'7F0F� Notary I.D. 13323719-3
My Comm. Exp, July 28, 2025
Tier II Easement Encroachment Agreement
Page 8 of 13
Revised 12/2022
Licensee:
UG Trinity FTW, LP
a Texas limited partnership
by: UG Trinity FTW, LP
a Texas limited partnership
its general manager
by: Urban Genesis, LLC
a Texas limited liability company
its manager
By: � � w
Name: Saineer Walvekar
Title: Authorized Representative
Date: 3/12/2024
Tier 11 Easement Encroachment Agreement Page 9 of 13
Revised 12/2022
STATE OF
COUNTY OF _TPV 6 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
XAS on this day personally appeared Sameer Walvekar, Authorized
Representative 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 UG Trinity FTW LP, a Texas
limited partnership, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2024.
IVAN CURTOVIC
='•: ,c Notary Pubiic. State of Texas
�� +e
Notary Public in and for the '.?;; �� Comm, Expires 05.23-2027 Notary ID 134374407
State of TOW
Tier I1 Easement Encroachment Agreement Page 10 of 13
Revised 12/2022
EXHIBIT A
Depiction and description of the Encroachment
Tier II Easement Encroachment Agreement Page 11 of 13
Revised 12/2022
------------------------------------------ 7------_'
'~-7---7----------
I !!�I�DI�G PLAN - FIRST FLOOR
LAND DESCRIPTION
BEING a 0.026 acre tract of land situated in the Mitchell Baugh Survey, Abstract Number 106, City of Fort Worth, Tarrant County,
Texas, and same being a portion of Lot 1 R, Block 5, of Trinity Bluff Addition, an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the Plat thereof recorded in Cabinet A, Slide 10551, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being
more particularly described by metes and bounds as follows:
COMMENCING at an "X" cut found for a southwesterly corner of said Lot 1 R, and same being the most northerly point on a corner clip
for the easterly right-of-way line of Samuels Avenue (60 foot public right-of-way), and the northerly right-of-way line of Gounah Street
(50 foot public right -of way);
THENCE South 45 degrees 32 minutes 11 seconds East along said corner clip to an "X" cut found for a southwesterly corner of said Lot
1 R;
THENCE along the northerly right-of-way line of said Gounah Street, and along the southerly boundary line of said Lot 1 R, the following
courses and distances:
North 89 degrees 21 minutes 45 seconds East for a distance of 191.06 feet to an "X" cut found for the beginning of a curve to the
right through an angle of 06 degrees 18 minutes 02 seconds, having a radius of 325.00 feet, and whose long chord bears South 87
degrees 29 minutes 15 seconds East for a distance of 35.72 feet;
Along said curve, an arc distance of 35.74 feet to a point of tangency at the end of said curve;
South 84 degrees 20 minutes 15 seconds East for a distance of 92.73 feet to the beginning of a curve to the left through an angle
of 06 degrees 17 minutes 58 seconds, having a radius of 275.00 feet, and whose long chord bears South 87 degrees 29 minutes
15 seconds East for a distance of 30.22 feet;
Along said curve, an arc distance of 30.24 feet to a point of tangency at the end of said curve;
North 89 degrees 21 minutes 45 seconds East for a distance of 211.40 feet to a point on the westerly right-of-way line of the Gulf
Colorado and Santa Fe Railway;
THENCE North 02 degrees 28 minutes 51 seconds West for a distance of 20.66 feet to the POINT OF BEGINNING;
THENCE departing the easterly boundary line of said Lot 1 R, and the westerly right-of-way line of said Gulf Colorado and Santa Fe
Railway, over, across, and upon said Lot 1 R, the following courses and distances:
South 89 degrees 27 minutes 27 seconds West for a distance of 8.00 feet to a point for corner;
North 02 degrees 28 minutes 51 seconds West for a distance of 143.70 feet to a point on the northerly boundary line of said Lot 1 R,
and the southerly boundary line of Pioneers Rest Cemetery (unrecorded tract of land);
THENCE North 89 degrees 27 minutes 27 seconds East along the southerly boundary line of said cemetery, and the northerly boundary
line of said Lot 1 R, for a distance of 8.00 feet to a point on the westerly right-of-way line of said Gulf Colorado and Santa Fe Railway;
THENCE South 02 degrees 28 minutes 51 seconds East a distance of 143.70 feet to the POINT OF BEGINNING containing 0.026
acres (1,150 square feet) of land, more or less.
The Basis of Bearings is from the Texas State Plane Coordinate System,
NAD83, North Central Zone as derived from GPS observations using the
Allterra RTK Network.
EXHIBIT "A"
ENCROACHMENT
?`°T'TF
AGREEMENT
�t :' : �c
.......................1
BEING A PORTION OF LOT 1 R, BLOCK 5
..... F. McCULLAH
• .'� 1
'''O
TRINITY BLUFF ADDITION
4023
y�'a �P: o
MITCHELL BAUGH SURVEY
'L • �Ess�° • -�
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-120-23 DRAWN BY: CMC
DAVID F. McCULLAH
DATE: 2-22-2024
TEXAS RPLS NO. 4023
1 of 4
r_7*11\
un (ERSE
Surveying I Consbudon Staking I Platting
14200 Midway Road, Suite 130
Dallas, TX 75224 T: 469.784.9321
W: TraverseLandSurveying.com
Texas Firm No. 10194631
1111INW391ILTY1
ICI
21D
100
I I Feet
SCALE IN FEET
PIONEERS REST CEMETERY "3
(UNRECORDED) , A
W
3
LOT IR,BLOCK 5
o
TRINITYBLUFFADDITION
POINT OF
CABINET A, SLIDE 10551
COMMENCING
P.R.T.C.T.
I 4 U
W
m — PAGE 3
IO
CA
The Basis of Bearings is from the Texas State Plane Coordinate System,
NAD83, North Central Zone as derived from GPS observations using the
Allterra RTK Network.
EXHIBIT "B"
ENCROACHMENT
AGREEMENT
BEING A PORTION OF LOT 1R, BLOCK 5
TRINITY BLUFF ADDITION
MITCHELL BAUGH SURVEY
LEGEND
ABSTRACT NO. 106
P.R.T.C.T. - PLAT RECORDS
TARRANT COUNTY, TEXAS
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
TARRANT COUNT TEXASRos
JOB No. TR-120-23 DRAWN BY: CMC
C.M.- CONTROL MONUMENT
DATE: 2-22-2024 SCALE: 1 "= 100'
Ow
wd
az
PAGE 4
un
ENCROACHMENT
Ar_RFFAA FAIT
GOUNAH STREET
(50' PUBLIC RIGHT-OF-WAY)
POINT OF
BEGINNING
2 OF 4
OF TF
.�P••' � TF '��q9
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cti�'�RFp •.N
.......................
DAVID F. McCULLAH
<: °p 4023 P r�
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L LED
LG1M SURY( [ R(E ILA
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Surveying I Construchion Staking I Plamn9
14200 Midway Road, Suite 130
DAVID F. MGCULLAH
Dallas, TX 75224 T: 469.784 ' 9321
W. Traverse LandSurveying.com
TEXAS RPLS NO. 4023
Texas Firm No. 10194631
w --
�Q
w�
0
— — LOT IR, BLOCK 5
TRINITY BL UFFADDITION
n- CABINET A, SLIDE 10551
y P.R. T.C.T.
w m
� "X" CUT FOUND N
CD S4932'11"E 16.14'
"X" CUT FOUND L=35.74', R=325.00'
"X" CUT FOUND (C.M.) 0-006'18'02"
r/1 (C.M-) — — — — — � �S87'29'15"E-35.72'
V1 N89'21'45"E 191.06'
O S84'20'15'E 92.73'
IPOINT 0
COMMENCIN
GOUNAH STREET
(50' PUBLIC RIGHT—OF—WAY)
0 100
50
The Basis of Bearings is from the Texas State Plane Coordinate System, Feet
NAD83, North Central Zone as derived from GPS observations using the SCALE N FEET
Allterra RTK Network.
EXHIBIT "B" c�•OF•TF 3 OF 4
ENCROACHMENT �P` TFRF
••••••••••••• `
AGREEMENT D V*
..... .. McCULLAH
BEING A PORTION OF LOT 1 R, BLOCK 5 .0 4023 P *. 0
TRINITY BLUFF ADDITIONoFFss�o�
MITCHELL BAUGH SURVEY LEGEND �� SIJFt`I� cr� �S�
ABSTRACT NO. 106 TARRANT COT. UNTTY,, LAT TEXAS °S LAMB SURYEM09 dLZ
CITY OF FORT WORTH (� —t' Surve Construdbn Slaking Platli
D. R.T.C.T. — DEED RECORDS It 1 Jl � ��jC �q,� �� �
TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS �r^^'�/ Y�� 14200 Midway Road, Suite 130
JOB No. TR-120-23 DRAWN BY: CIVIC F. McCULLAH Dallas, TX 75224 T: 469.784.9321C C.M.— CONTROL MONUMENT TEXAS RPLS NO. 4023 W.TraverseLandSurveying.com
DATE: 2-22-2024 SCALE: 1 "= 50' Texas Firm No. 10194631
■xhan.
Line Data
Table
Line # Distance
Bearing
L1 8.00'
N89 27'27"E
L2 8.00'
S89.27'27"W
N
P.R.T.C.T. - PLAT RECORDS
TARRANT COUNTY, TEXAS
D.R.T.C.T. - DEED RECORDS
TARRANT COUNTY. TEXAS
C.M.- CONTROL MONUMENT
�
n
r
b�
r l l � O
�r
0 0
r
W � 0
LOT IR, BLOCK 5 -r- �o
L
TRINITY BL UFF ADDITION 00
CABINET A, SLIDE 10551 N
00 cV
P.R. T. C. T. N
L=30.24', R=275.00'
r 0=006.17'58"
/ S87'29'15"E-30.22'
0
PIONEERS REST
CEMETERY
(UNRECORDED)
ENCROACHMENT
AGREEMENT
0.026 ACRES 0
1,150 SQ. FT. I,-
I�
O
N �
O
z
L2
N89'21'45"E 211.40' NO2'28'51"W 20.66'
GOUNAH STREET POINT OF I
BEGINNING
(50' PUBLIC RIGHT-OF-WAY)
0 100
50
i i Feet
SCALE IN FEET
The Basis of Bearings is from the Texas State Plane Coordinate System,
NAD83, North Central Zone as derived from GPS observations using the
Allterra RTK Network.
EXHIBIT "B"
ENCROACHMENT
AGREEMENT
BEING A PORTION OF LOT 1 R, BLOCK 5
TRINITY BLUFF ADDITION
MITCHELL BAUGH SURVEY
ABSTRACT NO. 106
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
JOB No. TR-120-23 DRAWN BY: CMC
DATE: 2-22-2024 SCALE: 1 "= 50'
40F4
DAVID •F...M000LLAH
�'•�.po 4023 �.:0 nn nn
°FSS� �
SUR
Surveying Construction Staking Platting
14200 Midway Road, Suite 130
Dallas, TX 75224 T: 469.784.9321
DAVID F. McCULLAH W: TraverseLandSurveying.com
TEXAS RPLS NO. 4023 Texas Firm No. 10194631
EXHIBIT B
Franchise Utility Letters
Tier II Easement Encroachment Agreement Page 12 of 13
Revised 12/2022
Spectrum►
2/21/2024
Sameer Walvekar
Urban Genesis
111 N Bishop Ave
Dallas, Tx 75208
SUBJECT: Encroachment of 1101 Gounah Street, Fort Worth, Tx.
Spectrum Communications hereby grants an encroachment for the purpose of a wall in the 8' utility
portion right of the easement. General Utility Easement associated with the property located at 1101
Gounah St, within the City of Fort Worth, 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,
?144-t'e'
Charter
pectrumoo.
Jessie Acevedo) Business Development Specialist I (C) 469 595-3004
1565 Chenault St, Dallas TX ,75228
On or le tri Delil ery
777 Main Street
Suite 0
Fort Worth, TX 76102
E-mail: lvdia.hays2(@.oncor.com
RE: Utility Easement Encroachment
UG Trinity FTW, LP
1101 Gounah Street
Fort Worth TX 76102
To whom it may concern,
Upon your request, the location of the utility easement near your project site has been
reviewed. Oncor does not object to the retaining wall encroachment located on the east side
of property listed above (see "exhibit A" attached).
Any damage caused to facilities due to such encroachment will be billed to the party causing
the damage.
Thank you,
Lydia Hays
ROW Analyst
call 811 • know what's below • call before you dig
rill
ROOM
33
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ITCO OKI
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TMOS
energy
February 23, 2024
UG Trinity FTW, LP
1101 Gounah St
Fort Worth, Texas 76102
Re: Encroachment into Utility Easement- 1101 Gounah St.
UG Trinity FTW, LP,
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 ney
Project Manager
Atmos Energy Corporation
100 West Momingside
Fort Worth, Texas 76110
at&t
February 29, 2024
RE: Tarrant County — 1101 Gounah Street, Fort Worth, Texas
Trintiy Bluff Addition
Lot 1R, Block 5
8-ft Utility Easement Encroachment Request
AT&T Texas
Melissa McElyea
117 W Columbia St
Weatherford, TX 76086
In response to the request for the encroachment on a portion of the 8-ft utility easement along the
East side of the property, Southwestern Bell Telephone Company, d/b/a AT&T Texas, has no
objections to the requested encroachment for a retaining wall as shown on the attached sketch.
Plat found in Tarrant County Clerk File Recorded as Document Cabinet A, Slide 10551.
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,
tXtLUV'O' a (!Cu')�
Melissa McElyea
AT&T — Manager Engineering — Right -of -Way
817-718-4055
ms2841@att.com
OVERVIEW
PIONEERS REST CEMETERY
(UNRECORDED)
..1
LOT IR, BLOCK 5
TRIiITYBL UFF ADDITION
Pa1NT. t}F
CABINET A, SLIDE 10551 PEE 4
Lip)
P.A. T. C T.
PACE 3
ENCROACHMENT
AGREEMENT
GOUNAH STREET
(W PURX PoCHT-aF-xur)
Line Data Table I
P,R,T.C.T. -
i.E�na
PUT RECORDS
TARRANT COUNTY, TEXAS
Line f OistOnce 8eoring
D.R.TC.T -
DEED RECORDS
TARRANT COUNTY, TEXAS
L1
8.00' N8977.27"E
L2
8.00' S89'27'27"W
C.M.- CONTROL MONUMENT
PIONEERS REST
(UNRECORDED)
- — — —
—CEMETERY — —
o
ENCROACHMENT O o
AGREEMENT / r
0.026 ACRES
H
1,150 SO. FT. r
r
-
W o
>
LOT 1R, BLOCK 5 / � Ro
-
TRINITY BLUFF ADDITION 00
CABINET A, SLIDE 10551 in N
P.R. T. C.T. CA cV
O
N' N
N
0 ,.
z ,
1
L-30.24'. R.275.00'
rA-006'117*58'
'0.22'
L2�
N69'21'457E 211-40' NO235'51'W 20.06'
G
GOUNAH STREET
POINT OF
1.V N
(50' PUBLIC RIGHT—OF—WAY)
toD
50
I Feet
SCALE
IN FEET
OF
EXHIBIT C
Certificate of Insurance
Tier II Easement Encroachment Agreement Page 13 of 13
Revised 12/2022
,